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COLUMBIANA, Alabama — The Shelby County jury considering sentencing for a Kimberly man convicted Thursday of capital murder of a Pelham police officer has deliberated for four hours today without reaching a verdict, but deliberations will continue this evening.

Jurors asked retired Shelby County Circuit Judge Al Crowson, who has presided over the trial of Bart Wayne Johnson, for a break. Crowson decided to send the jury to eat dinner together just after 5:30 p.m. and bring them back for further deliberations tonight.

Earlier today, jurors returned from the jury room to the courtroom seeking clarification of the definition of “aggravating factors” that would support a recommendation of a death penalty. Another juror asked for clarification about what is required to return a death recommendation and what is required to return a recommendation of life in prison without parole. Crowson reinstructed the jurors on those issues and sent them back to deliberate.

Johnson, a 31-year-old pharmacist, was found guilty of capital murder in the death of Pelham police officer Philip Davis, whom Johnson shot in the face at close range during a traffic stop in Pelham in 2009. Johnson pleaded not guilty because of mental disease or defect, with a psychologist hired by the defense testifying that he had a brief psychotic episode at the time of the shooting. Prosecutors said Johnson had never complained of any mental illnesses in the past.

In closing statements earlier today, defense attorney Charles Salvagio said the jury should spare Johnson’s life because he is not among “the worst of the worst” killers and that the death penalty is for the most heinous. Shelby County Assistant District Attorney Gordon Ladner told the jury that death is appropriate for people who execute police officers.

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