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Man acquitted in 2006 Lower Greenville Avenue shooting case

09:05 AM CDT on Saturday, August 16, 2008

By TIARA M. ELLIS / The Dallas Morning News
tellis@dallasnews.com

A 25-year-old Plano man was acquitted Thursday of murder in a May 2006 shooting death near Lower Greenville Avenue. A Dallas jury accepted Jonathan David Johnson's explanation of self-defense for fatally shooting Curtis McElhaney.

The two men did not know each other, but as they walked to their cars after leaving separate bars on Greenville Avenue, Mr. McElhaney began arguing with some of Mr. Johnson's friends. Mr. Johnson testified that he went to his car, got his gun and fired warning shots in the air. Then he said Mr. McElhaney told him he'd have to kill him. A woman with Mr. McElhaney said Mr. Johnson started firing.

But Mr. Johnson testified that Mr. McElhaney charged him before he started shooting. The jury deliberated about three hours before reaching a decision. Prosecutors stressed to the jury that Mr. McElhaney had no weapon and was about the same size as Mr. Johnson. But Mr. Johnson's attorney, Howard Shapiro, said Mr. Johnson had unsuccessfully tried to scare Mr. McElhaney away and feared for his life.