When ‘Stand Your Ground’ Fails [Black Man Serving Life Sentence]
More: When ‘Stand Your Ground’ Fails
As the shooting death of Trayvon Martin and the failure of authorities to arrest his killer, George Zimmerman, continues to grab headlines, many conservatives and gun rights advocates insist that race has nothing to do with it. Some have also rallied to the defense of Florida’s “stand your ground” law, the self-defense legislation under which Zimmerman was able to avoid arrest. Yet not all stand your ground claims are so successful. Not too far from Sanford, Fla., a black man named John McNeil is serving a life sentence for shooting Brian Epp, a white man who trespassed and attacked him at his home in Georgia, another stand your ground state.
It all began in early 2005, when McNeil and his wife, Anita, hired Brian Epp’s construction company to build a new house in Cobb County, Ga. The McNeils testified that Epp was difficult to work with, which led to heated confrontations. They eventually decided to close on the house early to rid their lives of Epp, whom they found increasingly threatening. At the closing, both parties agreed that Epp would have 10 days to complete the work, after which he would stay away from the property, but he failed to keep up his end of the bargain.
On Dec. 6, 2005, John McNeil’s 15-year-old son, La’Ron, notified his dad over the phone that a man he didn’t recognize was lurking in the backyard. When La’Ron told the man to leave, an argument broke out. McNeil was still on the phone and immediately recognized Epp’s voice. According to La’Ron’s testimony, Epp pointed a folding utility knife at La’Ron’s face and said, “[w]hy don’t you make me leave?” at which point McNeil told his son to go inside and wait while he called 911 and headed home.
According to McNeil’s testimony, when he pulled up to his house, Epp was next door grabbing something from his truck and stuffing it in his pocket. McNeil quickly grabbed his gun from the glove compartment in plain view of Epp who was coming at him “fast.” McNeil jumped out of the car and fired a warning shot at the ground insisting that Epp back off. Instead of retreating, Epp charged at McNeil while reaching for his pocket, so McNeil fired again, this time fatally striking Epp in the head. (Epp was found to have a folding knife in his pocket, although it was shut.)
