A Circuit Court judge decided Wednesday not to throw out the murder confession of a Virginia Beach man who told detectives during a 171/2-hour interrogation that he threw his ex-girlfriend down the stairs and choked her.
Lamont Johnson is charged with second-degree murder in the 2018 death of 39-year-old Bellamy Gamboa, a mother of four.
Johnson told detectives during the interrogation that spanned July 28 and 29, 2019, that he pushed Gamboa down the stairs of their Virginia Beach townhouse during an argument.
Gamboa and Johnson had broken up, though they continued living together with their then-11/2-year-old twins and Gamboa’s two teenage children.
After pushing her down the stairs, Johnson choked Gamboa until she was unresponsive, according to his confession. He later disposed of her body in a Chesapeake dumpster.
The confession came after the hours-long interrogation during which Johnson told investigators “I don’t have anything else to say, man. If y’all wanna take me to jail … I don’t have anything else to say, man.”
Johnson’s attorneys contend the statement was an invocation of his right to stay silent.
Prosecutors disagree, saying the statement was not an invocation of Johnson’s fifth amendment rights.
“[A] defendant who expresses reservations and then proceeds with the interview has not invoked his right to remain silent,” prosecutors wrote in response to the defense’s motion to suppress evidence.
Johnson’s lawyers also argued that investigators created a coercive environment by not providing him adequate food, water, sleep and breaks. They allege that detectives employed “psychological trickery” — such as saying they were “Team Lamont” and will “fight for him” — to elicit a confession.
In their response, prosecutors detailed fifteen restroom and cigarette breaks afforded to Johnson during the interrogation. Detectives were “polite and respectful” and “used no trickery” in questioning Johnson, prosecutors say.
With Judge James Lewis’ denial of the motion, Johnson’s confession may be used in the courtroom.
Johnson’s jury trial is set for Jan. 24, 2022.
Ali Sullivan, 757-677-1974, ali.sullivan@virginiamedia.com
