James M. Johnson, 33, was recently indicted by a grand jury in Ada County for first-degree murder for the death of 45-year-old Milo Warnock.

Warnock was a 1996 Lewiston High School graduate who died after being assaulted Dec. 10 at the Idaho State Correctional Institution in Kuna, Idaho. James Johnson was Warnock’s cellmate, according to documents from Warnock’s family.

James Johnson was indicted by a grand jury Aug. 27. He made his first court appearance Tuesday. His next court date is Sept. 18 before the Ada County District Judge Nancy Baskin, according to a news release from the Ada County Prosecutor’s Office. Indictments are sealed until a warrant is served on the defendant and the first court appearance is held.

The maximum punishment for first-degree murder is the death penalty or life in prison. The minimum sentence is 10 years in prison.

James Johnson was convicted of two counts of grand theft, fraud and possession of a controlled substance from Bannock County. His sentence was expected to be completed Feb. 19, 2025, according to the Idaho Department of Correction. Documents from the Warnock family also showed that Johnson had numerous disciplinary reports from drug and/or alcohol possession to physical altercations.

“Over the past 9+ months we’ve agonized over the lack of information about Milo’s death as well as what has felt like a very slow investigation. It is a relief that the indictment has occurred, but we know it’s the beginning of more waiting as the judicial process plays out,” Milo’s sister, Hallie Johnson, said in an email. “It’s impossible not to be reminded of the senselessness of Milo’s death. I hope that these painful reminders for our family are reminders to the public that there are issues with the criminal justice system.”

She said that as the months went on her imagination was running wild about why it was taking so long. The case seemed too simple for her — two men were locked in a cell together, one is dead and the other “is covered in his blood.” After about eight months of waiting, Hallie Johnson is grateful to Idaho State Police and the Ada County Prosecutor’s Office for their thoroughness in the investigation.

Hallie Johnson is planning to attend the hearing Sept. 18 in Boise.

“It’s a weird thing, I want to see who this person is. I want to be in a room with them,” Hallie Johnson said. “This may be my only opportunity. I haven’t been able to wrap my head around it or explain this.”

Other than to explain she wants to see the person her brother lived with and the last person he saw while he was alive.

Hallie Johnson testified at the grand jury, but doesn’t know who else testified or what other evidence was shown. So she still doesn’t know much about the case against James Johnson.

“I will know in the criminal process if it goes to trial and it may not,” Hallie Johnson said. “(James Johnson) may accept a plea deal and that may never happen. I don’t think it will move quickly.”

Although she doesn’t know who testified at the grand jury she had heard from other inmates about her brother’s death. According to the Idaho Department of Correction, Warnock died of massive blunt force trauma.

“I have a pretty good idea of what happened and it just was not pretty,” Hallie Johnson said.

Warnock’s ashes were buried over Memorial Day weekend at the Gilbert Cemetery near Orofino. The Warnock family has a cemetery where family members have been buried and where the family homesteaded in the early 1900s.

In May, the Warnock family notified the state of their plans to file a wrongful death lawsuit against the state. The claim alleges that the Idaho Department of Correction, its leaders and Centurion, the company for inmate health care, were negligent and indifferent in preventing Warnock’s death. They are seeking $463,000 in damages.

Hallie Johnson said the wrongful death lawsuit against the state was waiting for the charges to come forward for the next step in the civil case. The state hasn’t responded to the claim yet, which means it’s still moving forward.

Warnock lived and worked in Boise for the last 25 years and was taking care of his disabled adult son. His family said he had a disorder that caused a sleepwalking episode where he drove to the liquor store and bought wine, which led to the DUI charge. He was serving a 2-10 year sentence for a felony DUI charge and was sentenced by Fourth District Judge Peter Barton in July 2023.

During his prison sentence he was sent to maximum security, G block, because of an issue with his medication. Warnock was taking medication that was affecting his sleep and completed a form to change the time of his medication, but he used an old request system that was no longer in use. Warnock saved his medication to take later, but it was found and he was transferred to maximum security for the infraction.

In his cell, Warnock’s mother, Kathy Warnock, said he made shelves for James Johnson and read to him. His father, Mike Warnock, said that he was afraid to ask for a new cellmate in case he got someone worse.

Warnock was filling out forms to get his sentence reduced and to get out of G block. He was scheduled to be released from G block Sept. 8, though he was hoping to get out of that area sooner. The issues her brother faced, even before he was sent to prison, has shown Hallie Johnson the problems in the judicial and prison system.

“I really want to see changes in the system in Idaho. There are some things to me that seem really simple,” Hallie Johnson said.

In her brother’s case, he had a history of mental health issues and substance abuse. He tried to get into mental health court but was late to his first appointment because of a flat tire on his bike. His second appointment he was late because he finished his paperwork early and because of that he thought his actual appointment was at a different time.

Hallie Johnson thinks that when Warnock was sentenced, at the time it wasn’t a life or death situation, but it “ended up being a life or death situation.” She wonders if the system could be better at setting people up for success or help the people doing the assessments.

“I think when you’re in these types of jobs where you’re assessing people all day long every day they might stop being people,” Hallie Johnson said.

She thinks that by providing treatment for incarcerated people they will have better success when they are released and it will be safer for the community. She noted that James Johnson was scheduled to be released in February and he didn’t have access to treatment in G block, which concerns her and should worry others.

As part of her desire to improve the system in Idaho Hallie Johnson has connected with the newly formed organization, Idaho Families for Sentencing Integrity, which works to decrease incarceration, reduce recidivism and improve Idaho justice system for those with substance abuse disorders. The group is currently gathering information for those who want to see change through a survey at tinyurl.com/IdReformSurvey.

“The court does their best to judge a person based on the paperwork set in front of them and they just weren’t right about Milo,” Hallie Johnson said.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.