[04/09/03]A Warren County deputy sheriff on leave following his fatal shooting of a county man was driving a county patrol car that was in a wreck Tuesday, but Sheriff Martin Pace said no violation occurred.

Lionel Johnson, 27, who has been on administrative leave with pay from the sheriff’s department since Oct. 26, was in the sedan with his wife, Avina, a sheriff’s department employee, when the sedan struck a Plymouth Neon at Warrenton Road and U.S. 61 South about 4 p.m.

Avina Johnson, a process server, and Kristy McCain, 15, of 1375 Warrenton Road, the driver of the Plymouth, were taken to River Region Medical Center. Both were treated and released, hospital spokesman Emily Weatherly said.

Lionel Johnson is the deputy identified as having responded to a disturbance call with another officer last fall and having an altercation during which Jimmie Taylor II, who was 22, was shot and later died.

Vicksburg police Patrolman Bobby Jones, investigating Tuesday’s wreck, said McCain was alone in her car, had stopped and was attempting to cross southbound lanes of U.S. 61 when she entered the path of the county vehicle. She will be cited for failure to yield, Jones said.

Pace said Johnson’s status with the department has not changed, and he has continued to use the patrol vehicle.

“He has used the vehicle to travel to and from the office to turn in administrative reports” and handle other duties, including attending several required training classes with other officers.

When the wreck happened, Johnson “was taking his wife to pick up articles she needed to come back” and attend the downtown vigil for child-abuse prevention, Pace said.

Avina Johnson is a civilian employee of the sheriff’s department, Pace said, and it was “perfectly legal for her to be in a patrol car.”

Pace added that Johnson’s status is different from a disciplinary suspension, and that some other law-enforcement agencies may assign deputies on administrative leave to administrative duties pending investigative outcomes.

“He has not and will not be put in a position to take calls for service to the public,” Pace said of Johnson’s status.

Taylor’s death is being investigated by the state highway patrol and is to be presented to a grand jury for consideration. Johnson has not been arrested, and no criminal charges are pending against him.

District Attorney Gil Martin has said grand jurors convened the week of May 5 may consider the case.

Johnson and an unidentified deputy responded to a 911 call at around 10:30 p.m. at the Taylor family’s home at 4808 Halls Ferry Road. That report indicated cars lined the two-lane road.

Reports have varied widely, but indicate the two officers who initially responded were separated when the situation escalated. Call logs show he pressed his “officer in trouble” button on his hand-held radio. That would indicate a situation out of control.

Witnesses have said Taylor was handcuffed and on the ground when he was shot. Forensic tests, however, have showed no such evidence and have “vindicated” Johnson, his attorney, David Sessums of Vicksburg, has said.

County officials have also received notice that a $10 million civil claim will be filed on the Taylors’ behalf by an attorney in the firm of Johnnie Cochran, known for his work on the O.J. Simpson defense. State law limits payouts on such claims to $500,000.

The south Vicksburg intersection where Tuesday’s wreck occurred has been the site of frequent accidents. The two roads converge there in a Y-shape, with no traffic signal. Flashing yellow lights encouraging caution were installed in 2002.