Johnson sentenced to 72-months for Criminally Negligent Homicide and Burglary


Statement from Klamath County District Attorney, Eve Costello.

On January 25, 2018, Darold Landmark returned home to find blood on his porch and driveway and Benito Sanchez Davila, his roommate, missing.  Klamath County Sheriff’s office responded and the Major Crime Team activated. 

Further investigation found Mr. Richard Bryon Johnson had shot Mr. Davila during a disagreement in which Mr. Johnson stated he believed Mr. Davila to be attacking him.  

Further investigation, by both the State and defense, including statements by mutual friends of the parties depicting the general behaviors of the decedent, the running relationships and the immediate conflicts prior to the tragedy, indicated criminally negligent homicide an accurate depiction of the offense. 

Criminally negligent homicide arises when an individual causes the death of another human being in a negligent manner.  Criminal negligence occurs when “a person fails to be aware of a substantial and unjustifiable risk” that a result, in this case homicide, will occur and the risk is of such a degree that failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

Mr. Johnson was sentenced pursuant to the felony sentencing guidelines pleading to Criminally Negligent Homicide and Burglary in the First Degree (for entering the home afterwards and tampering with evidence).  He will serve 72 months in the custody of the Oregon Department of Corrections. 

Mr. Johnson is not eligible for programs such as supervised release or work release or other programs resulting in a reduction in sentence.

Mr. Benito Davila’s sister participated in and accepted the resolution of this matter. 

Nothing the State can do will fix the loss she has suffered.  The Klamath County District Attorney’s office expresses our sincere condolences.