An older man shot by a woman who acted as a cop & # 39; and tried to prevent him from leaving the scene of an accident, perhaps had a diabetic shock, police testified.
Hannah Payne, 21, is charged with killing and killing Kenneth Herring, 62, on a busy highway at the intersection of Riverdale Road and Forest Parkway in Georgia.
Payne decided to follow his pick-up truck after hitting a tractor-trailer on Clark Howell Highway on May 7, even though a 911 coordinator instructed her to stay in place.
Hannah Payne (21) is accused of shooting and killing Kenneth Herring (62) on a busy highway near the intersection of Riverdale Road and Forest Parkway in Georgia
Clayton County Magistrate Court Judge William H. West ruled that there was probably reason for the prosecution to continue in the murder case against Payne during a provisional hearing on Tuesday.
Haring left the scene of the accident that day seemed to be in the midst of a medical emergency described by a witness like & # 39; probably as diabetic shock & # 39 ;, Clayton County Police Detective Keon Hayward testified.
& # 39; He was disoriented, he asked what had happened, who hit me, what's wrong & # 39 ;, Hayward describes.
Payne, who was not involved in the accident, followed Herring and blocked his car at a crossroads about a mile away, where she confronted him.
Armed with a 9 mm gun, she told him to go back to the crash scene and then pulled a gun at him.
Payne & # 39; s lawyer Matt Tucker argued that an argument between Payne and Herring & # 39; ended in discharging the gun & # 39; where herring was fatally injured, WXIA TV reported.
He said the shooting was an act of self-defense, describing his client as a & # 39; good Samaritan & # 39; because he blocked Herring's pick-up truck with her Jeep after he saw Herring hit a semi-truck and attempted to drive away around 6.15 p.m.
Payne seemed emotional at a hearing on Tuesday, where a Clayton County Magistrate Court Judge ruled that there was a good reason to continue murder attacks against her.
Payne collapsed when the defense argued that Herring had a medical episode when he drove away from the crash site. She ignored instructions from a 911 coordinator to stay on site
But Clayton County District Attorney Tracy Graham Lawson described that claim as & # 39; dubious & # 39 ;, because Georgia's law only allows & # 39; citizens to be arrested & # 39; if the citizen witnesses a crime. Lawson claimed that the collision was a crime for traffic violations.
She told the court on Tuesday: & # 39; You cannot claim self-defense and use deadly power unless you are not the initial aggressor – she is.
& # 39; I think she thinks she is the police or wants to become a police officer … she has blocked him and he has nothing (he is unarmed) and then she shoots him. & # 39;
Georgia police say Payne Haring shot in the stomach after blocking his Dodge pickup with her Jeep after a crash on May 7 (photo)
Haring reportedly hit a semi near the intersection of Riverdale Road and Forest Parkway in Clayton County and tried to leave, but was blocked by Payne's Jeep
Haring & # 39; s wife, Christine, described the murder as a vigilantism and claimed it had a racial element, comparing the shooting with Trayvon Martin's death.
She said at a press conference afterwards: & I know he had a diabetic episode because he didn't just disappear from the scene. I knew he was trying to come to the hospital.
& # 39; I had a feeling about that. He was a hardworking man, he remained true to himself. He is not a violent man so I knew in the accident with her that it was not true.
She said her husband wasn't the aggressor because he couldn't get out of his truck because she had blocked him.
Haring & # 39; s family described him as a hardworking man who was not a violent person
& # 39; I wondered why she followed him and did not do what the 911 operator said and got the label number and stayed behind. I wondered why she followed him all the way, blocked him, and killed him. & # 39;
& # 39; They said she hit him in the face three times. She tried to act like the police. & # 39;
Detective Hayward claimed that herring remained at the scene of the accident about 18 to 20 minutes before departure.
Witnesses claimed that Payne was approaching Herring's car and knocked him repeatedly through the driver's side window while sitting behind the wheel before the guns were fired.
Hayward also described how Payne called 911 when she followed Herring and stayed on the line during the episode.
Defense claimed the phone had been knocked out of her hand in the background that she could hear Herring & # 39; get out of the car, get out of the car, get out of the car & # 39 ;.
Hayward testified that when she picked up the phone, she told the 911 operator: & # 39; he just shot himself with my gun. & # 39;
Haring's estranged wife, Christine, said her husband was not the aggressor, and said witnesses saw Payne hit her husband three times while disoriented in his car
Tucker claimed that Payne & # 39; mixed communication & # 39; received from the 911 telephone operator who had instructed her to stay on site but also get the vehicle number as Haring.
He said: & # 39; During this entire event, Mrs. Payne was compliant, she stayed on site, she came to 911.
& # 39; She did everything she needed to ensure that this hit-and-run was handled properly and that her actions were handled correctly. & # 39;
Judge West denied Tucker's motion to close the indictment and start an interrogation for Friday.
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