James Krache was shot during a robbery of his business, Suncliff Garage, on Frankstown Rd., Penn Township, late in the evening of February 18, 1922. He died early the next morning.
Elmer Johnson, his brother, William Johnson, Joseph Villano, and Paul Agresti were arrested March 2 in Uniontown for their involvement in an unrelated theft case. Once in custody, they confessed to police that they had robbed and killed Krache. They were also implicated in a series of robberies in the area.
Based on their confessions, it was determined that Elmer Johnson, 24, was the group’s leader. He stole the car used in the robbery. He entered Krache’s business while his accomplices stayed outside. He fired the initial shots, though Agresti later fired the fatal shot.
At trial, Johnson argued that his confession was coerced and should be excluded. That argument was rejected. His argument that he went to the garage to transact legitimate business and acted in self-defense when Krache argued with him and threatened him was likewise rejected.
Elmer Johnson was convicted of first-degree murder on November 17, 1922.
Agresti, who testified against Johnson, was convicted of second degree murder on January 8, 1923 and sentenced to five to ten years in Western Penitentiary. Villano was convicted of second degree murder on November 24, 1922, and sentenced to eighteen to twenty years in Western Penitentiary.
On appeal, Johnson argued a series of technical points; all of them were rejected (Commonwealth v. Johnson, 279 Pa. 40, 1924).
Johnson’s death sentence was commuted to life on April 17, 1924. In making its decision, the Pardon Board noted that Johnson’s accomplices were convicted of second-degree murder and that Johnson had not fired the fatal shot.
Johnson was transferred to Western Penitentiary.