CULLMAN, Ala. – Kimberly Police Officer Nick O’Rear was killed in the line of duty late Tuesday evening, and a Cullman County man is charged with capital murder in the officer’s death.
Preston Cheyenne Johnson, 37, of Good Hope is being held in the Jefferson County Jail. At the time of the shooting, Johnson was out on bond in two active Cullman County cases.
Johnson was arrested by the Cullman County Sheriff’s Office (CCSO) Oct. 31, 2019 on the charge of receiving stolen property when he was found in possession of a 1998 Chevrolet Corvette that had been reported stolen. At the time of his arrest, deputies found drugs and paraphernalia, and Johnson was also charged with unlawful possession of a controlled substance (suboxone), possession with intent to distribute methamphetamine and possession of drug paraphernalia. The drugs and stolen vehicle were charged as separate cases.
Johnson was released on an unsecured (no payment required) bond in the drug case, consistent with court practices since the Sept. 13, 2018 federal court injunction currently in place against the CCSO (www.cullmantribune.com/2019/06/06/out-on-bond-what-has-free-bail-meant-for-cullman-county/). The suspect, who has failed to appear in court in certain previous cases, was required to agree to pay the assigned bond amount of $19,300 if he did not show up for his assigned court date.
In the stolen vehicle case, the CCSO requested Johnson be held without bond; however, the Cullman County District Court assigned Johnson a $40,000 secured bond. The amount was divided between a property bond signed by a family member and a surety bond issued by A-1 Bail Bonds of Bremen.
Wednesday morning, motions were filed to revoke Johnson’s bond in both cases. At the time of his 2019 arrest in Good Hope, Johnson, a convicted felon, was found in unlawful possession of an AR-15 rifle, but has not been charged.
Johnson has an adult criminal history going back to 2000, with cases in Cullman, Morgan and Winston counties.
Johnson was arrested in Cullman in December 2016 on two counts of unlawful distribution of a controlled substance when he sold methamphetamine to Cullman Police Department narcotics investigators (www.cullmantribune.com/2016/12/02/winston-county-man-arrested-for-meth-distribution/). He was listed in the arrest report as a Winston County resident. He had just been released from Talladega Federal Correctional Institute two weeks earlier.
In June 2017, Johnson was arrested between Jones Chapel and West Point by the Cullman County Sheriff’s Office (CCSO) for possession of drug paraphernalia and possession with intent to distribute a controlled substance.
His past criminal history includes:
- Multiple charges of unlawful possession of a controlled substance
- Multiple charges of possession with intent to distribute a controlled substance
- Multiple charges of possession of drug paraphernalia
- Multiple charges of first-degree receiving stolen property
- Giving a false name to a law enforcement officer
- Carrying a concealed weapon
- Second-degree forgery
Local law enforcement, others react to O’Rear’s death
A social media post by the Hanceville Police Department Wednesday afternoon offered condolences to the O’Rear family and Kimberly Police Department, and called the federal injunction against the CCSO “an asinine procedure and a slap in the face to all law enforcement officers in Cullman County,” and added, “How many more police officers or innocent citizens have to be injured or killed due to one federal judge’s ruling?”
Hanceville Police Chief Bob Long told The Tribune, “It’s a terrible thing, and never should have been allowed to happen.”
Cullman Police Chief Kenny Culpepper did not comment on legal aspects of the case, but told The Tribune, “Every one of us, at some point in our careers, has been in that situation where it could have been us, so we can really put ourselves in that place and understand-from what I understand-what happened. I don’t know all the details, but it’s just a tragedy for the family, but it’s also a tragedy for that department and law enforcement in general.”
Alabama Attorney Gen. Steve Marshall said on Twitter: “We have lost yet another hero: Officer Nick O’Rear of the Kimberly PD, who was assisting in a vehicular pursuit when he was ambushed by the car’s driver. Officer O’Rear was the father of two children, with another on the way. Pray for his family and fellow officers. #ThinBlueLine”
Alabama Gov. Kay Ivey said in a statement: “I am profoundly grieved to hear of the passing of the Kimberly Police Officer who was shot in the line of duty last night. The safety of our citizens and the rule of law is forefront on the minds of our officers who willingly risk their lives on behalf of ours. His sacrifice will never be forgotten.”
“The Alabama Association of Chiefs of Police sends our sincere condolences to the family of Kimberly Police Officer Nick O’Rear, who was murdered in the line of duty. Officer O’Rear, 33 years old was a father of two with a third child on the way. Please keep Officer O’Rear’s family and the Kimberly Police Department your prayers,” posted AACOP President Bill Partridge.
O’Rear leaves behind a wife and two children, with one more on the way.
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