@stephen_wolfram I'm sorry for your loss. May your family find peace in the memories of all that she did and all of the wonderful intricacies of who she was.
Hannah Payne was a witness to an accident where the driver Kenneth Herring 62 fled the scene, Hannah was told by another witness at the scene (an off duty police officer) to get the fleeing Herringβs tag number, during this time she is on the phone with a 911 dispatcher who instructed her to go back to the scene of the accident.
The dispatcher had no insight into what Hannah was witnessing, she obviously saw enough for her to make a decision to stop his vehicle, Iβm not sure if someone having a diabetic emergency would have the faculties to be combative, while I am not a doctor and have no expertise in this area, the act of fleeing and fighting someone thatβs trying to help you would more likely be the actions of someone who is under the influence, but I digress. The toxicology report on Mr. Herring indicated no presence of alcohol or drugs.
The fact that the jury never was given the alternate theory that Hannah was fearful of public safety and her own personal well-being should be grounds for a mistrial one would think and donβt get me started on States Attorney π€ͺπ
- Malice murder (Count 1) β Intentional murder with malice aforethought; this was the primary murder charge and carried the life sentence with possibility of parole.
- Felony murder (Count 2) β Murder committed during the course of another felony (often merges into the malice murder conviction for sentencing purposes, so it didn't add separate time).
- Aggravated assault β For the shooting itself, as an assault with a deadly weapon.
- False imprisonment β For detaining/blocking Herring against his will during the confrontation.
- Three counts of possession of a firearm during the commission of a crime (or possession of a firearm during the commission of a felony) β Related to using the gun in the murder, aggravated assault, and false imprisonment.
She was sentenced to life in prison with the possibility of parole on the malice murder count, plus additional consecutive sentences (totaling life + 13 years) for the other charges (e.g., 8 years and 5 years mentioned in some reports for specific weapons/false imprisonment counts).
This conviction is currently under appeal in the Georgia Supreme Court (as highlighted in the TikTok video you shared), primarily arguing ineffective assistance of counsel (e.g., failure to request jury instructions on self-defense, defense of others, or citizen's arrest). No new trial has been granted yet, and the recent hearing focused partly on fake/nonexistent case citations in the state's filings denying her motion for a new trial.
At a time when people are getting probation or less for premeditated crimes and random acts of violets this just doesnβt sit right with meβ¦ Iβm sorry