17-Year-Old Robert D. Johnson Gets 13 Years for 2022 McDonald’s Shooting

A somber atmosphere filled the barely air-conditioned courtroom when 16-year-old Robert D. Johnson looked back from the defendant’s chair toward crying friends and family after being sentenced to 13 years in prison. His supporters cried out that they loved him as the teary-eyed teenager was escorted out of the room by police, chains clanking on his wrists and ankles. 

One family member rushed out of the courtroom sobbing when Johnson’s maroon shirt disappeared into the room behind the judge’s stand. 

Robert D. Johnson was 14 at the time of the May 7, 2022, deadly shooting at the McDonalds on 49th and Hampton Avenue that killed two other teens. Prosecutors charged Johnson as an adult with first-degree reckless homicide as a party to a crime. He will receive 13 years in prison and 10 years on extended supervision. 

McDonald's sign outside of McDonald's on 49th and Hampton Avenue where the May 7, 2022 shooting happened.
McDonald’s sign photo: Peyton Radloff

Judge Jean Marie Kies gave this sentence to Johnson in his homicide sentencing on April 19, 2024.

“We have two dead kids and one seriously injured,” said Circuit Court Judge Jean Marie Kies. “Who do you think is going to pay the price?” 

The two teens killed were 16-year-old Javarius Fowler and 15-year-old William Harrison, who died two days later at Children’s Hospital from his injuries. Johnson, according to the defense, suffered from multiple gunshot injuries to the neck and stomach area. He had to undergo an 18-month rehab period. 

“I just don’t get it,” Judge Kies said during the sentencing. “I don’t know why you would come where everyone was eating their happy meals and do this.” 

At the sentencing, Johnson expressed remorse for the crimes committed. He was sniffling quietly as he calmly stated his apology to the court. 

“I didn’t know the implications of using a gun,” said Johnson. “Every day since, I’ve thought about that incident and how it could have been prevented. I truly am sorry.” 

After Johnson’s apology his defense team pointed out that this was not the first time Johnson had offered a sincere apology. 

“To punish Mr. Johnson as an adult is not fair,” said Defense Attorney Jeffrey Jensen. “Mr. Johnson unequivocally understands the seriousness of this crime.”

The parents of Javarius Fowler were present via Zoom. They stated before the prosecution spoke that Johnson had “no remorse for human life.” 

“He’s what’s wrong with people,” said Laytoya Cross, Fowler’s mother. “He’s an animal.” 

When Javarius Fowler’s father, Gerroll Fowler, spoke he said Johnson was ‘reckless’ and ‘reckless acting.’

“My son wasn’t bothering anybody,” said Gerroll Fowler. “He was a good child.”

According to surveillance footage shown in court, Fowler entered the McDonald’s at 3:05 p.m. accompanied by a group of friends.

At 3:15 p.m. Harrison, Johnson and two others entered the restaurant. Johnson circles the restaurant, and other patrons who were waiting for their food at the counter move away from him, appearing concerned. There is no audio in the surveillance footage to hear if Johnson said anything. 

As Johnson moved towards Fowler it was revealed he was holding a handgun in his right hand. 

A few seconds later, two other males enter the restaurant. Both holding handguns. One of them was William Harrison, according to the criminal complaint.

At the time Harrison enters the restaurant, Johnson reaches Fowler and one of his friends. Johnson points his gun at Fowler’s friend and Harrison points his handgun at Fowler’s head, according to the criminal complaint. 

Fowler pushes the handgun away from his head and begins walking backward while removing his own gun from his pants. In the next second, shots were exchanged between the three. 

“I can’t tell who shot first,” stated Prosecuting Attorney Paul Tiffin. “Either Johnson or Harrison shot first, and Fowler then returned a shot.” 

According to Prosecutor Tiffin, they weren’t certain what the motive behind the shooting was. The footage doesn’t give a clear view of who shot first. But he did state after the trial that Johnson seemed to initiate the confrontation when asked to clarify what happened in the video footage by Media Milwaukee reporters. 

“I don’t know if they knew what they were doing,” said Prosecutor Tiffin at the sentencing. 

During their statement, the defense team brought up that Johnson has spent his time out on bail living with his father in Indianapolis.  Highlighting that for the last two years, Johnson has attended all his court dates, cooperated with court officials, attended all court sessions despite living in another state and took responsibility for his crime. 

“He did everything he was supposed to do,” said Defense Attorney Jeffrey Jensen. 

Johnson’s defense team, as well as Judge Kies, brought up several times that Johnson was young and part of the brain that controls decision-making doesn’t fully mature until the age of 25. 

According to an article by the University of Rochester Medical Center, adults think with the prefrontal cortex, the brain’s rational part. Teens process information with the amygdala, the emotional part. 

“In teens’ brains,” stated the article. “The connections between the emotional part of the brain and decision-making center are still developing. That’s why when teens have overwhelming emotional input, they can’t explain later what they were thinking. They weren’t thinking as much as they were feeling.”   

Prosecutor Tiffin, however, didn’t see this as a concern. When asked by Media Milwaukee reporters the reasoning behind charging a 14-year-old as an adult he cited Wisconsin Statute 938.183(1)(am)

In the state of Wisconsin, anyone over 17 years old is charged as an adult. However, in special cases, children as young as 10 years old can be tried as an adult if prosecutors charge them with homicide or attempted homicide.  

According to the Milwaukee Homicide Review Commission, in 2023 17% of all homicides in the city involved kids and 14% of homicide suspects were juveniles. 

During the sentencing, police removed one of Johnson’s supporters, stating that anyone under the age of 18 couldn’t be in the courtroom. She was 16, the same age as Johnson. 

Milwaukee County Safety Building where 17-year-old Robert D. Johnson was sentenced as an adult to 13 years in prison.
Outside of Milwaukee County Safety Building photo: Peyton Radloff

The State set a recommendation of 25 years. 15 years of incarceration, and 10 years on extended supervision. The defense fought to lower the sentence to only seven years of incarceration and eight years of extended supervision. 

The defense and Judge Kies pointed out that his time out on bail was used wisely. Bringing up for these last two years he had attended school, got good grades and took his ACTs. He ‘ironically’ worked a part-time fast food job, according to Kies.

“You have capabilities to achieve goals,” Kies said. 

In Judge Kies’s closing speech, Kies spoke of Johnson’s growth during the last two years as well as the severe nature of his crime and the consequences it brought. Bring up Johnson’s lengthy 18-month recovery period from his injuries. 

“You sill live in pain. I know that,” said Kies to Johnson. “Was it worth it?” 

She highlighted that he had good parents, believed he had goals, had no previous juvenile criminal history and wanted to be an asset to the community. She encouraged him to pursue a career in his chosen welding trade. 

“I hope that someday you can grow up to be a good and decent man,” said Kies. 

The shock came when Kies sentenced Johnson to 2 years under the maximum penalty provided by the state. 13 years of incarceration and 10 years on extended supervision. 

She stated that due to the severity of the crime and the increase in youth killers in the city, she needed to set his sentence as a message to the community to treat others with “decency and humanity.” 

“This is a tragedy for all involved,” said Kies. 

She added that during his 10-year supervision, he needed to maintain full-time employment and obtain a High School Diploma or GED. 

Kies subtracted 82 pre-trial days from Johnson’s sentence and stated he must pay a restitution of $1,353.80 to Javarius Fowler’s mother Latoya Cross. 

He will be 29 years old when he is released from prison in 2037.