Former Palm Coast resident Keith Johansen, 43, who shot and killed his wife Brandi Celenza at their F-Section home in 2018, now claims a Stand Your Ground motion would have exonerated him and made trial unnecessary.
Four years ago this month a jury found Johansen guilty of murdering Brandi, 25, in their home on Felter Lane while Brandi’s young son was in another room, waiting to go to the county fair: his mother had promised him moments earlier. Her little boy told her he loved her. It was all on video. It was also probably the last words she heard from him. Johansen shot her soon after.
In a call to 911, also captured on indoor video, which sees him scurrying around the living room to hide drugs before authorities showed up–as his wife lay dying–he’d claimed Brandi had “accidentally” shot herself. Twice.
A man the prosecution showed to be an inveterate liar, Johansen then changed his story to claim that he shot her in self-defense. She had two bullets in her. He had none. Indoor video of the couple’s arguments showed Johansen threatening to kill his wife repeatedly, brandishing a gun in her face and mercilessly demeaning her. He was sentenced to life in prison. An appeals court upheld the conviction in 2023.
Johansen was back in Flagler County Circuit Court last week, arguing for “post-conviction relief”–that is, either to have his sentence overturned or reduced. His argument: his attorney should have made a Stand Your Ground defense. His failure to do so justifies a claim of ineffective representation at trial which, if upheld, could warrant further proceedings.
Florida’s Stand Your Ground law allows an individual not to retreat in the face of threats and to use deadly force in response. A Stand Your Ground motion must be made before trial. If granted, the charges against the defendant may be dropped.
Stand Your Ground was never mentioned during Johansen’s trial or before it, though his defense attorney, Gary Wood, argued self-defense, and that Brandi was delusional from doing too much meth. None of her behavior–captured on video the morning of the shooting or described by others who’d interacted with her in days prior–suggested anything of the sort. (Attorney Rosemary Peoples was also on the defense team.)
Johansen’s current defense attorney, Marc Joseph of Tampa, filed the motion for a lesser sentence in November, on 17 grounds. A judge denied tw of them and set an evidentiary hearing on the others, which was held last week. Johansen was brought in from Walton prison in De Funiak Springs. On Sept. 26, the court ordered the defense to file written arguments against the state’s objections to the Stand Your Ground claim.
Joseph filed those arguments on Wednesday. The dispute now hinges on the interpretation of precedent, with the prosecution–led by Assistant State Attorney Jason Lewis–arguing that a 2022 decision by the First District Court of Appeal backs up the state’s position that “failure to file a Stand Your Ground motion cannot constitute ineffective assistance because the jury rejected self-defense beyond a reasonable doubt.” A second case suggests that “any error at a Stand Your Ground hearing is necessarily cured by a subsequent jury verdict.”
The defense is rejecting both arguments. The issue isn’t merely the failure to file a Stand Your Ground motion, but “whether there is a reasonable probability that the motion would have succeeded–not whether a jury’s later verdict negates the issue.” Joseph added: “The fact that a jury ultimately rejected self-defense does not eliminate the possibility that the trial judge-under a lesser standard–could have granted immunity.”
But Joseph then makes a claim unsupported by the trial record: “Here, the evidence established that Mr. Johansen’s wife pointed a firearm at him in their bedroom immediately before the shooting.”
There was no such evidence. There was no video taken in that room at the time–the same room where Johansen had threatened his wife repeatedly, on camera. There was only Johansen’s allegation that Brandi had pointed a firearm at him, and Wood, his defense attorney, repeating that allegation.
A ruling in Johansen’s favor would be extraordinary as it would upend all proceedings to date, including his conviction and sentence. Circuit Judge Dawn Nichols’s ruling is expected in coming days. She is the third judge to preside over the case. Circuit Judge Treence Perkins, now retired, presided over pre-trial hearings. Circuit Judge Chris France presided over the trial.
Shark says
Too Bad !!!!!
TR says
Not killing your wife wouldn’t have put you in prison in the first place, so you wouldn’t have to worry about the stand your ground rule.
Laurel says
To me, it looks like the psychopathy personality shows no remorse to this day. He figures he came up with another clever idea. I hope he never gets out of prison, as his wife will never have such a luxury as a life. The one photo alone tells the story.
Most of the women in prison, are there for killing their spouse. In most cases, self defense is claimed. How many are set free for standing their ground?
Robert Joseph Fortier says
I’m with you Laurel.
DaleL says
This story caused me to read up a bit on Florida’s stand your ground law(s). It seems that there is one huge flaw in Keith Johansen attempting to use stand your ground as a defense. He and admittedly also his wife were felony drug users who were in possession of methamphetamine. Possession of methamphetamine in Florida is classified as a third-degree felony, as outlined in Florida Statutes Section 893.13. It is also criminal for illegal drug users to have a firearm.
Unlike the traditional self-defense laws, stand your ground does not require a person to try to retreat before using force. However, a requirement of the stand your ground law is that a person CANNOT be engaged in criminal activity. In addition, the defendant must present evidence to show that their use of force was justified. According to this story, the only “evidence” that force was necessary is Keith Johansen’s testimony. Keith Johansen’s possession of illegal drugs and his possession of a firearm should put a quick end to his claim of claim of ineffective representation at trial.
If my reading of the law is correct, then defense attorney, Marc Joseph, should be disciplined for filing a frivolous case. A filing is deemed frivolous if a party or its counsel knew or should have known that a claim or defense was not supported by the facts or application of existing law.
Land of no turn signals says says
Shoulda -woulda -coulda.
Snow says
Brandi was one of the sweetest people there was. I went to school with her. Celebrated my 18th birthday with her. She was a great mom and friend. There’s no way, absolutely no way he was trying to defend himself in this matter. Plus I know height shouldn’t play a factor in this, but Keith towered over her height wise. I’m 5’3” tall. Brandi was shorter than me. There’s no way she could do anything to hurt him. “Tank”, her son, didn’t deserve to lose his mom. And since he was in the other room, was he ever questioned about what he heard? I swear if they turn it over in Keith’s favor, so many people will just see this as another nail in the coffin as to why we shouldn’t be trusting the judicial system. He doesn’t deserve to walk free. He deserves an eye for Ann eye punishment. He took her life, he should serve the rest of his behind bars. RIP Brandi.