Georgia Woman Found Guilty in Fatal Shooting During Citizens Arrest
Dec 19, 2023, 02:00 AM
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In a verdict that left Hannah Payne in tears, the 24-year-old Georgia woman was found responsible for the killing of Kenneth Herring during a citizen's arrest gone fatally awry several years ago. The verdict was delivered in a courtroom overseen by Judge Jewel C. Scott after approximately 90 minutes of deliberation by 12 Peach State jurors.
Kenneth Herring, 62, was shot and killed following a minor traffic
accident assumed to have been caused by him on May 7, 2019. Payne faced
multiple charges, including two counts of felony murder, three counts of
possession of a weapon during a crime, and one count each of malice murder,
aggravated assault, and false imprisonment. She was found guilty on all counts.
During the state's closing arguments, the lead prosecutor
emphasized that Herring, who was unarmed and minding his own business, was
chased down, detained, shot, and murdered. The prosecutor stated, "You
don't get the death penalty for committing a traffic offense."
In her defense, Payne admitted to never drawing her weapon before
the day of the incident but claimed she never intended for the gun to fire. She
argued that Herring shot himself during a struggle for the weapon.
The incident began with a minor traffic crash involving Payne and
a semi-truck. According to earlier testimony, Herring, the alleged at-fault
driver, left the scene after 15 to 20 minutes. Payne, who was not involved in
the crash, called 911 and waited for law enforcement to arrive.
Despite a witness suggesting that Herring might be experiencing a
medical emergency, Payne believed he was drunk. She pursued Herring against 911
advice, intending initially to gather license plate information.
The prosecution argued that Payne aggressively approached Herring,
threatened him with her gun, and shot him immediately. Payne claimed a
different sequence of events, stating that Herring grabbed her, ripped her
shirt, and dragged her with his car before the gun went off.
The trial revealed conflicting accounts, with the state relying on
witness testimony and recordings to assert that Payne was the initial
aggressor. Payne was initially charged with one count of murder, made bond, and
later faced additional felony counts with her bond revoked.
District
Attorney Tracy Graham Lawson emphasized at the time of the initial murder
charge, "She's using deadly force; she wasn't faced with deadly force. You
cannot claim self-defense and use deadly force unless you're not the initial
aggressor—she is."
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Kenneth Herring, 62, was shot and killed following a minor traffic
accident assumed to have been caused by him on May 7, 2019. Payne faced
multiple charges, including two counts of felony murder, three counts of
possession of a weapon during a crime, and one count each of malice murder,
aggravated assault, and false imprisonment. She was found guilty on all counts.
During the state's closing arguments, the lead prosecutor
emphasized that Herring, who was unarmed and minding his own business, was
chased down, detained, shot, and murdered. The prosecutor stated, "You
don't get the death penalty for committing a traffic offense."
In her defense, Payne admitted to never drawing her weapon before
the day of the incident but claimed she never intended for the gun to fire. She
argued that Herring shot himself during a struggle for the weapon.
The incident began with a minor traffic crash involving Payne and
a semi-truck. According to earlier testimony, Herring, the alleged at-fault
driver, left the scene after 15 to 20 minutes. Payne, who was not involved in
the crash, called 911 and waited for law enforcement to arrive.
Despite a witness suggesting that Herring might be experiencing a
medical emergency, Payne believed he was drunk. She pursued Herring against 911
advice, intending initially to gather license plate information.
The prosecution argued that Payne aggressively approached Herring,
threatened him with her gun, and shot him immediately. Payne claimed a
different sequence of events, stating that Herring grabbed her, ripped her
shirt, and dragged her with his car before the gun went off.
The trial revealed conflicting accounts, with the state relying on
witness testimony and recordings to assert that Payne was the initial
aggressor. Payne was initially charged with one count of murder, made bond, and
later faced additional felony counts with her bond revoked.
District
Attorney Tracy Graham Lawson emphasized at the time of the initial murder
charge, "She's using deadly force; she wasn't faced with deadly force. You
cannot claim self-defense and use deadly force unless you're not the initial
aggressor—she is."
Want to listen to ALL of our podcasts AD-FREE? Subscribe through APPLE PODCASTS, and try it for three days free: https://tinyurl.com/ycw626tj
Follow Our Other Cases: https://www.truecrimetodaypod.com
The latest on Catching the Long Island Serial Killer, Awaiting Admission: BTK’s Unconfessed Crimes, Delphi Murders: Inside the Crime, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Malevolent Mormon Mommys, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, and much more! Listen at https://www.truecrimetodaypod.com