re: #99 ProGunLiberal

I took a look at what the Georgia State Supreme Court’s majority wrote in upholding McNeil’s conviction. Here’s their reasoning, which does appear quite sound:

1. Viewed in the light most favorable to the verdict, the evidence reveals that, in September 2005, McNeil contracted to buy an unfinished home from Epp Elevations, a small building company owned by Epp and his wife.   On December 6, 2005, Epp went to McNeil’s house to complete required work.   McNeil’s son, La’Ron, was home and called McNeil to report that someone was in the backyard.   Believing that Epp was a trespasser, La’Ron confronted Epp and asked him to leave, and an argument ensued during which Epp pointed a knife at La’Ron.   La’Ron called McNeil to report this incident to him.

In response, McNeil headed home in his car.   On the way back he reported to an emergency 911 operator that a man was on his property and had pulled a knife on his son.   Moments later, McNeil told the operator, “I’m at the property now ․ and there’s the builder and I may get ready to whip his ass right now.   So get the cops here now.”   As McNeil was pulling into his driveway, he retrieved an automatic handgun from his car’s glove compartment, removed it from its case, and loaded it with ammunition.

An eyewitness who was across the street heard McNeil and Epp arguing loudly.   A few minutes later he heard a loud pop and saw smoke and McNeil pointing his hand toward the ground and stepping backward.   Epp was in the yard between McNeil’s house and the one next door and walking toward McNeil.   McNeil continued to back up with his hands pointed toward the ground and said “Back up, I am not playing with you.”   Epp increased his speed toward McNeil and McNeil raised his gun and fired at Epp’s head.   Epp’s hands were at his sides, and the eyewitness did not see him raise his hands or see any weapons in his hands.

Later, an officer arrived at the scene and found Epp on the ground with a fatal gunshot wound to the head.   McNeil informed the officer that Epp had pulled a knife on him and then McNeil shot him.   The officer saw a knife clipped inside the right hand pocket of Epp’s pants.   A forensic investigator from the Cobb County Medical Examiner’s Office also responded to the scene and noticed that the knife in Epp’s pocket was folded.   Dr. Brian Frist, the Chief Medical Examiner of Cobb County, later determined that the abrasions on Epp’s face indicated that he had been shot at a distance of less than three feet.   There were no abrasions on Epp’s hands to indicate that he had raised his hands to defend himself.

I’ll post the last critical bit in the next post.