She then blocked the driver, who prosecutors said may have been having a medical episode, with her Jeep and got out of her vehicle to confront him with her gun in hand, police said. At some point, Payne allegedly shot Herring in the abdomen, killing him.
Prosecutors said Payne ignored the instructions of 911 dispatchers who told her to stay at the scene of the initial hit-and-run and not to engage the other driver.
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“In the background, you can hear (Payne say), ‘Get out of the car. Get out of the car,’” Clayton police Detective Keon Hayward previously said in court.
After the shooting, a witness recorded a video that appears to show Payne changing her clothes before police arrived.
However, Matt Tucker, Payne’s attorney, argued that his client was provoked to further action when Herring’s truck hit her Jeep, but police said the two vehicles did not collide at any point during the incident.
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Tucker also said his client claims self-defense in the shooting, saying Herring bruised her and ripped her shirt.
“It just seems like an unfortunate situation of a good Samaritan trying to stop a person on a hit-and-run,” he previously said.
Clayton County District Attorney Tracy Graham Lawson called Payne the aggressor, describing her as someone who thought she was a police officer during the incident, Channel 2 reported.
“(Payne saying), ‘Get out of the car. Get out of the car,’ sounded like a cops show on TV,” Lawson said.
After her initial arrest on a murder charge, Payne was granted a $100,000 bond May 31 by judge William H. West. In June, a grand jury indicted her on additional charges of felony murder, malice murder, aggravated assault, false imprisonment and possession of a firearm during a felony, which led to her being rebooked into the Clayton County Jail without bond.
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On Friday, Tucker argued that Payne isn’t a flight risk. He added that the 911 call that was played in court was incomplete, saying a witness’ cellphone video filled in a crucial gap in the tape.
“The audio that was shown to you before just had her screaming, ‘Get out of the car. Get out of the car,’” he said. “It did not have the portion of her screaming, ‘Stop. Stop. Stop.’”
She and her parents were seen crying in court after the judge granted her bond for a second time. As of Friday afternoon, she had not bonded out of jail.
A grand jury handed up an indictment against Hannah Payne on charges including felony murder, malice murder, aggravated assault and false imprisonment surrounding the death of Kenneth Herring, 62.??