Man indicted in death of Warnock faces more charges

The man indicted for first-degree murder in the death of Milo Warnock faces additional charges of tampering with evidence and persistent violator sentencing enhancement for previous convictions.

James M. Johnson, 33, was indicted by a grand jury for first-degree murder and destruction, alteration or concealment of evidence, both felonies, according to court documents.

The indictment states that Johnson on Dec. 10 in Ada County allegedly killed Warnock by using force or violence “and/or by inflicting one more blunt force impacts and/or injuries.” The charge also states that Johnson and Warnock were both incarcerated at the time of the alleged crime, according to court documents.

The concealment of evidence indictment states that on the same day of the alleged murder, Johnson also allegedly destroyed, altered or concealed blood or evidence by wiping the blood evidence and attempted to clean up the evidence where the death took place. The indictment states that Johnson allegedly knew that the blood and blood evidence would be used in a criminal investigation and he was trying to prevent it from being discovered, according to court documents.

The indictment was signed Aug. 17 by the presiding grand juror of Ada County, according to court documents.

Warnock was a 1996 Lewiston High School graduate who died after being assaulted Dec. 10 at the Idaho State Correctional Institution in Kuna, Idaho. Johnson was Warnock’s cellmate, according to documents from Warnock’s family. Warnock was serving a 2-10 year sentence for a felony DUI charge and had been sent to the maximum security part of the prison after an issue with his medication resulted in an infraction.

In May, the Warnock family notified the state of Idaho of their plans to file a wrongful death lawsuit against the Idaho Department of Correction, its leaders and Centurion, the company for inmate health care.

Ada County Prosecuting Attorney Jan Bennetts filed information about Johnson’s previous convictions to request a persistent violator enhancement Sept. 3. Fourth District Judge Nancy Baskins signed the order to file the persistent violator enhancement Sept. 5, according to court documents.

After the order was signed to seek the persistent violator enhancement, Bennetts filed another document concerning Johnson’s criminal history. In 2020, Johnson was convicted of grand theft, criminal possession of a financial transaction card and possession of a controlled substance, all felonies, by Sixth District Judge Javier Gabiola in Bannock County. In 2013, he was convicted of possession of methamphetamine, a felony, by Sixth District Judge Stephen Dunn in Bannock County.

The persistent violator enhancement is when a defendant has been charged with two previous felonies and is considered a “persistent violator of the law.” After the defendant’s third conviction, the minimum sentence can’t be less than five years and the maximum penalty can be up to life in prison under the persistent violator enhancement, according to Idaho code. The first-degree murder charge already carries the maximum penalty of life in prison as well as the death penalty. To seek the death penalty, prosecutors have to file a written notice of intent within 60 days after the defendant enters a plea, according to Idaho code.

Johnson’s arraignment, where he will be asked for his plea, is scheduled for Sept. 18. Court filings also show that Baskin ordered for Johnson to be transported from the Idaho State Penitentiary for the court hearing, according to court documents. Johnson was set to be released in February 2025.

Johnson also appeared on the charges Sept. 3 before Magistrate Judge David Manweiler and ordered no bond be set for Johnson. Manweiler also appointed the Ada County Public Defender to represent Johnson. A request for discovery on behalf of Johnson was signed by Deputy Public Defender Jonathan Loschi. Discovery is the process where attorneys ask for the evidence and information that will be used at trial.

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