Jury selection has finally gotten underway in the murder trial against a woman who assaulted and gunned down a man she followed after a hit-and-run in suburban Atlanta four years ago.
Hannah Payne, 25, was charged with malice murder, felony murder, aggravated assault, false imprisonment, and possession of a firearm during the commission of a felony following a deadly encounter in May 2019 that claimed the life of 67-year-old Kenneth Herring.
Payne fatally shot Herring after she witnessed a minor hit-and-run involving Herring’s car and a tractor-trailer in the Atlanta suburb of Clayton County, then saw Herring drive away from the scene of the crash and followed him.
She called the police to report the incident, and dispatchers told her not to follow or confront the driver, but she ignored their instructions and pursued Herring. Prosecutors say it’s possible Herring left the scene to drive himself to the hospital over a medical emergency. His family believes he was suffering from a diabetic episode at the time.
When Payne finally caught up with Herring at Riverdale Road and Forest Parkway, she blocked his car with her Jeep, then got out of her car holding a gun. Drivers who witnessed the stop reportedly saw Payne “punching” Herring and demanding that he “get out of the f**king car!” Police say there was a struggle before Payne finally shot Herring.
The killing sparked outrage among area residents who noted the racial overtones about Payne, a white woman, killing Herring, a Black man.
Payne’s mother described her daughter as the “sweetest and most caring person” following her arrest in 2019.
“She does not see color,” Margaret Payne said. “She sees right, and she sees wrong. This was an unfortunate situation that turned the way it did, but not at the hands of my daughter. It wasn’t her fault.”
Herring’s widow challenged Payne’s complete disregard of dispatchers’ orders when the 25-year-old called in to report the incident.
“Why would you get out of the car until the police came? That would have been logical. If they told you to stay in the car why would you get out?” Christina Herring said.
Payne’s legal team is claiming self-defense. Her lawyer, Matt Tucker, characterized the incident as an “unfortunate situation of a good Samaritan trying to stop a person on a hit-and-run.”
The COVID-19 pandemic ended up stalling Payne’s murder trial until November 2022, but when it was supposed to get underway, Payne’s defense attorney suffered a minor stroke. The case also had to be assigned to a different judge, so it was postponed further.
Payne faces life in prison with or without parole.
