POUGHKEEPSIE – Roy Johnson Jr., the 36-year-old parolee accused of shooting a Marist dad to death inside of the Courtyard by Marriott hotel in the Town of Poughkeepsie on October 2, 2022, says he is not the shooter that killed 56-year-old Paul Kutz. The prosecution and defense are scheduled for a conference about the case this week.
Johnson’s alleged accomplice in the Courtyard shooting, Devin Taylor, pled guilty to weapons charges in the case earlier this month. He also pleaded guilty to an unrelated 2022 murder of Darren Villani. He is facing a sentence of 22 years to life when he is sentenced by Dutchess County Court Judge Edward McLoughlin in April.
Johnson’s attorney, Joseph Gulino, had filed a notice of “psychiatric defense” early in the proceedings but withdrew the motion on March 8th. When asked about the withdrawal, Gulino said, “The psychiatric defense notice only preserves the right to use that as a defense. If used, Roy would have to plead guilty and then assert a mental defect.” Gulino said a guilty plea is not an option. “Roy’s not going to plead to something he didn’t do; there are facts and circumstances of the case that show he’s not the guy.”
“This has become a case of whodunnit,” Gulino told Mid-Hudson News. Joseph Gulino said the prosecution does not have enough evidence against Johnson to secure a guilty verdict. “My client denies being the shooter that killed the victim,” Gulino said, adding that the prosecution does not have enough evidence to prove their case beyond a reasonable doubt. The defense attorney claims that there are “issues” regarding the positive ID of his client by the hotel clerk and two Courtyard guests on the day of the murder.
Gulino also indicated that the description of clothing worn by the shooter does not match the clothing his client was wearing at the hotel that day.
A tentative date of May 2, 2023, has been set for the trial to begin.
