When the two brothers appeared in Genesee County Court this afternoon with their mother, they did not appear as young men you would readily pick out as those accused of a violent gang assault.
Polite, well dressed and clean cut, Terrence D. Johnson and Leonard A. Johnson III, entered not guilty pleas to the charges of first-degree gang assault 1st and first-degree assault.
They were indicted by a grand jury, along with Terrance M. Schramm, for their alleged part in the assault of a man on Holland Avenue in the city on April 29.
Initially, charged with a misdemeanor of assault, 3rd, Schramm and the Johnsons, faced the more serious felony counts once the case was presented to the grand jury.
The gang assault statute really has nothing to do with whether the defendents are affiliated with a street gang -- in fact, there's no indication that's the case here -- but that a violent act was carried out with more than two people participating. The exact language of the penal code is:
A person is guilty of gang assault in the first degree when, with intent to cause serious physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person.
Schramm and the Johnson brothers were allegedly involved in an argument with the victim at 27 Holland Ave. and are accused of kicking the victim and using some hard object, such as brass knuckles, to hit him.
The victim's injuries were initially reported as minor, hence the initial misdemeanor charge, but District Attorney Lawrence Friedman sought the felony counts as the result of the victim apparenlty suffering "permanent impairment of health."
The exact nature of the victim's injuries are not available at this time.
Leonard, 22, appeared in court in a sharp gray suit, white shirt and tie. Terrence wore gray pants, a lighter gray shirt and a tie.
Friedman did not seek bail for either defendant. They were both released under supervision of Genesee Justice.
Noonan noted that given the serious nature of the charges, a no-bail release is unique.
"A gang assault charge would normally result in a sustantial bail," Noonan said. "It's a great concession to Mr. (Leonard) Johnson to release him under supervision."
There is no record of prior arrests for Terrence Johnson, which contributed to his ability to get a release under supervision.
Leonard Johnson, who lives with his brother on Hutchins Street, must be in his residence every day from 6 p.m. until 7 a.m. Terrence Johnson can only be out during those hours while at work or traveling directly to and from work.
They are to have no contact with the alleged victim.
The attorney for the 25-year-old Schramm is on vacation so his arraignment on the grand jury indictment won't be until next week.
The three men are facing from five to 25 years in state prison on the Class B violent felonies.
