Despite claims of racial bias, a Fayetteville man's conviction was upheld in 2017 Cove City murder

Despite claims of racial bias during jury selection, a Fayetteville man's conviction was upheld last month in the 2017 robbery and murder of a Cove City store clerk.

Anthony Lamar Johnson, 26, is serving a sentence of life without parole in the shooting death of Scottie Morton, 43, during an armed robbery at Grady's Old Country Store on Aug. 3, 2017. Johnson was convicted of first-degree murder, conspiracy, attempt to commit armed robbery and possession of a firearm by a convicted felon.

In a June 19 ruling, the North Carolina Court of Appeals upheld Johnson's conviction. Johnson had argued that Craven County prosecutors used several challenges to intentionally remove two African American jurors from serving on Johnson's jury.

According to the appeal ruling, the prosecutors explained during jury selection that they challenged the jurors because one failed to inform the trial court that she was the subject of a pending insurance fraud investigation. Prosecutors at the time said they challenged the other juror, who admitted she was reticent to press charges after her son repeatedly stole from her because it showed she was hesitant to hold others accountable for their crimes.

Ultimately, the appeals court noted, one Black juror, and one Hispanic juror was seated on the jury.

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The appeals court found that prosecutors did not use racial bias to strike down jury members and that Johnson had failed to provide evidence to prove so.

"The trial court determined that the state had proffered a sufficient nondiscriminatory basis for the use of peremptory challenge," the ruling stated. "The trial court concluded the defendant had failed to establish the challenges were based on race."

Two others serving lengthy sentences

Two others who helped Johnson have also been convicted in the slaying.

Brittany Leal, 32, of Fayetteville, testified at Johnson's trial that she was Johnson's driver the night of the shooting. She said that she and her lover, Ashley Velez, planned the crime for weeks and only brought Johnson in at the last minute.

Leal was convicted of being an accessory after the fact of first-degree murder, attempted robbery with a dangerous weapon and conspiracy to commit robbery with a dangerous weapon and was sentenced to a maximum of nearly 14 years in prison.

Velez, 31, of Aurora, who once worked at Grady's Country Store, was found guilty at trial to accessory after the fact to first-degree murder and was sentenced to a maximum of nearly 15 years in prison.

MORE: Ashley Velez found guilty and sentenced to 14 years plus for 2017 Cove City murder

Editor Trevor Dunnell can be reached by email at [email protected]. Please consider supporting local journalism by signing up for a digital subscription.