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WASHINGTON, D.C. -- After a thorough investigation into the death of Garnett P. Johnson, Jr., who was beaten to death and beheaded in Grayson County, Virginia, the Justice Department's Civil Rights Division ended its probe, determining that any federal interest had been vindicated by the successful state prosecution and substantial sentences.

The Criminal Section of the Justice Department's Civil Rights Division and the U.S. Attorney's office for the Western District of Virginia, with the assistance of the FBI in Virginia, opened an investigation into allegations that Mr. Johnson may have been the victim of a federal civil rights crime.

"Mr. Johnson's death was tragic," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights. "While it was unclear whether there was a violation of federal law, we feel satisfied that the federal interest in this case has been vindicated through the state's successful prosecution."

In the early morning hours of July 25, 1997, Louis J. Ceparano and Emmett W. Cressell, Jr. killed Johnson, a 40 year-old former Marine who was attending a party at Ceparano's home. After a long night of drinking, Cressell and Ceparano dragged Johnson into Ceparano's backyard and proceeded to beat him, burn his body and then behead him.

On January 29, 1999, Cressell was sentenced to life in prison after he was found guilty of first degree murder in a state proceeding in Independence, Virginia. Ceparano pleaded guilty to the murder on May 29, 1998, and is currently serving two life sentences. Ceparano also cooperated and testified against Cressell in his proceeding.

Career prosecutors from the Civil Rights Division and the U.S. Attorney's Office carefully reviewed investigative reports, trial testimony, and other pertinent information regarding the facts and circumstances surrounding Johnson's death. Prosecutors considered the substantial sentences that were obtained by local authorities and evaluated whether the evidence established a violation of federal law.

In order to bring a federal criminal civil rights case, the Justice Department must prove that the victim was engaged in one of the federally protected activities defined by the law. Federally protected activities can include: voting; attending public school; employment; or, using public accommodations. Since Mr. Johnson's death occurred on the lawn of a private individual, it was not clear that a federal violation could be established. In any event, the life sentences obtained by local prosecutors were deemed adequate to satisfy federal interests in this matter.

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