SAN DIEGO (CNS) - Prosecution witnesses will testify for a second day in a retrial for a man accused of gunning down a father and his adult son at a Golden Hill bus stop nearly eight years ago.
In July, a different jury voted 8-4 to convict Marlon Johnson of murdering 49-year-old Darryl Hunter and 30-year-old Keith Butler on Jan. 9, 2011.
Prosecutor Valerie Summers told the jury in July that the evidence against Johnson -- including cigarette butts with his DNA on them, cell phone tower data and eyewitness accounts -- was circumstantial but should be enough to convict the defendant of the murders at the bus stop at the intersection of 30th and C streets.
Defense attorney Kevin Haughton said the lack of a murder weapon and eyewitness accounts that conflict with the prosecution's theory of the case should result in an acquittal.
Haughton said Johnson was just one of many people near the scene when the victims were shot.
The victims had gone to Butler's girlfriend's apartment on the night they died. They visited with the woman for about an hour before Hunter decided to leave, and Butler left to accompany his father to the nearby bus stop, Summers said.
About 20 minutes later, Butler ran back into the apartment and told his girlfriend to call 911. He then collapsed, gravely wounded.
Johnson, now 40, was identified early in the investigation as a potential suspect, but detectives did not have sufficient cause to charge him until 2016, when they said new evidence implicated him in the double homicide.