John McNeil shot and killed Brian Epp on the front lawn of McNeil's Kennesaw home in December 2005. McNeil claimed self defense, but was convicted in November 2006 by a Cobb County jury and sentenced to life in prison.
Wednesday morning, on the steps of the Cobb County Justice Center, McNeil’s arrest and conviction were decried by leaders of the NAACP as a “cynical miscarriage of justice” motivated by race and an overzealous District Attorney running for governor.
“If McNeil weren’t black and Epp weren’t white, this case never would have been prosecuted and he would never have been convicted,” NAACP national president and CEO Benjamin Todd Jealous said before the press conference and rally of about 30 supporters and family members in front of a large banner that read: “Free John McNeil.”
Cobb County District Attorney Pat Head said Wednesday, “I have never run for governor, nor have I ever had any intention of running for governor. Nor have I ever let politics influence my decisions.” He said the arrest and prosecution of McNeil had “absolutely nothing” to do with race.
According to testimony at trial, Epp confronted McNeil in McNeil’s front yard in a dispute over a home Epp had been building for McNeil. Epp appeared to have a knife in his pocket and was about to charge McNeil, who had a pistol and fired a warning shot into the ground.
According to testimony Epp rushed McNeil anyway and McNeil shot him in the head. During trial, said NAACP officials, at least two witnesses testified that when Cobb County police arrived they told McNeil it appeared to be a clear case of self defense and he wouldn’t be charged.
Ten months later “the DA who is fixing to run for governor shows up and says you’re under arrest,” Jealous told reporters Wednesday.
Since McNeil, 44, lost his appeal before the Georgia Supreme Court in November 2008, NAACP officials said their only recourse now is to publicize the case and hope the State Board of Pardons and Paroles or Governor Nathal Deal step in to free McNeil.
After the press conference Al McSurely, a Durham, N.C., attorney and NAACP communications committee chairman, said he was headed the office of former Georgia Governor Roy Barnes a few blocks away to see if he could drum up Barnes’ support. Barnes, it turned out, wasn't around. "But we'll keep trying," Surely said late Wednesday afternoon.
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