The capital murder trial for an Ashley County man accused of driving his Dodge pickup truck into a Jeep SUV in October 2010, killing a pregnant woman and injuring his estranged wife and another woman, has been set for December 5-9 in Ashley County.
Mark Johnson, 49, of Hamburg drove into Heather Johnson’s vehicle, which was being driven by one of her friends, Shelly Paccio, according to court documents. Paccio and Heather Johnson, the back seat passenger, were both injured while the front seat passenger Austin Nichole Paccio and her unborn baby died. She was eight months pregnant.
According to a State Police report, Mark Johnson was traveling north on Arkansas 52 about two miles northeast of Crossett when his 2002 Dodge Ram struck the passenger side of the southbound Jeep, causing the Jeep to overturn, ejecting 20-year-old Austin Nichole Paccio.
Shelly Paccio, 36, of Crossett, told police Johnson drove into her lane and she swerved in an attempt to avoid contact but was unable to do so. She said she could tell Johnson “gunned” the gas pedal because the truck was approaching them fast and black smoke was coming out of the tail pipe.
Johnson told police he was “fooling with his radio” then looked up and the Jeep was in his lane. He said it was possible he drifted into the turning lane.
The incident is alleged to have stemmed from domestic problems between the Johnsons. Mark Johnson was served with divorce papers on October 4, two days before the fatal crash and he is alleged to have threatened to kill Heather Johnson, 37, prior to the crash.
Johnson is charged with two counts of capital murder in connection with the death of Austin Nichole Paccio and her unborn daughter Adaleigh Marie Paccio.
If convicted of capital murder, 10th Judicial District Prosecutor Thomas Deen said he will seek the death penalty because two people were killed in the same episode. The gestation period of eight months (for Adaleigh) exceeded the 12-week gestation threshold set by state law, making her a an unborn victim.
He is also charged with attempted capital murder of Heather D. Johnson and first-degree battery of Shelly Paccio.
This is still so unreal for me and my family. Austin was a beautiful young lady and was so excitied about being a mother.Her life was way to short and our lives will never be the same. I have been to every court date and its very hard to look across and see this man show no remorse for what his done,it makes me sick to my stomach. We will need all the prayers we can get that week of the trial,it’s gonna be very hard to set and listen to all the comments and see the pictures of the wreck. We will always love you Austin and Addi, Aunt Tressie
Finally… Time for him to answer for the damage he has caused so many.. may justice be swift and harsh.. all my love to the family and friends of austin and baby adaleigh..
God only knows how I miss the two of you. There is not one day that goes by that I don’t think of the two of you. My precious Austin and grandbaby Adaleigh. I wish I could see and be with the two of you and hold you both in my arms. May God’s will be done during this trial coming up. You both are my two angels in Heaven. Someday we will meet (Adaleigh) and we will reunite Austin. I know it has to be so beautiful where the two of you are, but I still wish you both were here. Can’t question God. Love and Miss, Hugs and Kisses. Please give Oma and Opa a great big hug from me and tell them I love and miss them too. Jimmy also! God Bless and hopefully justice Will be served. Love Always,Nancy V. (Oma)