Poll: Was It Self-Defense?
The justice system says Kennesaw's John McNeil committed murder in 2005; the NAACP says he was protecting his home and family.
NAACP Rally
NAACP members gathered at a press conference and rally today in support of John McNeil, who was convicted of murder in 2006. They argue the case should have instead been ruled as self-defense.
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John McNeil fatally shot Brian Epp outside McNeil's Kennesaw home in 2005; on that, all agree.
McNeil was convicted of felony murder in 2006 and sent to prison for life, and the conviction has withstood appeal through the Georgia Supreme Court. Here's that court ruling and the dissent from Justice Leah Ward Sears.
But the NAACP says McNeil acted in self-defense, and it held a rally in Marietta at the old courthouse Wednesday to make that point.
What do you think?
Rick Paul
10:20 am on Thursday, August 25, 2011
Why did he get and load a firearm when he knew who was at his property? But also seems he was not honest about the knife either.
Marley
11:10 pm on Monday, October 1, 2012
If you're really interested in this, take a look at this habeas corpus transcript http://naacp.3cdn.net/ee68c260a7ab9986a7_4ym6b8rxt.pdf
Joe Bozeman
11:41 am on Thursday, August 25, 2011
I was not on the jury or have not heard any facts about this case other than sketchy reports. By just what I have seen, it is my opinion that the old race card has been pulled off the bottom of the deck.
Leonard W Giddens Jr
7:52 pm on Thursday, August 25, 2011
I am sorry but he is guilty of murder. Now I know why the NAACP came to aid him. I hate it but, shooting a man with no weapon is murder. The man that lost his life in my case had a 4ft steel rod with a hook on it's end and was within 5ft of me when he attempted to cave my skull in with it as I stepped back to try and get away from him after he failed to drop it when I told him to. However had the victim in this case had a knife in his hand in his pocket, then it would have been self defense, if he feared for his like and the fact he was retreating. You can only use force that is necessary to defend yourself. In this case a gun was not the proper way to defend himself.
Mrs Lyon
7:42 am on Friday, August 26, 2011
Facts are Facts; Guilty as Charged: "...Indeed, from the evidence presented, the jury was authorized to conclude that McNeil decided to confront Epp with the specific purpose of “whip[ping] his ass” before Epp even knew that McNeil was on his way to the scene; that McNeil had time to stop in his driveway, retrieve a gun from his glove compartment, take the gun out of its case, load it, exit from his car, and “argue loudly” with Epp for a few minutes before firing the first shot at him; and that McNeil lied to police when he claimed that he had shot Epp because Epp had “pulled a knife on him” during the confrontation (because other eyewitness testimony showed that Epp had no weapon in his hands at the time of the shooting, and further testimony showed that Epp's knife was folded and in his pocket after he had been shot). Because “[w]itness credibility is a matter to be determined by the jury, as is the question of justification; ․ the jury was free to accept the evidence that the shooting[ ][was] not done in self-defense ․ and to reject any evidence offered by [McNeil] in support of a justification defense.” (Citation omitted.) Harris v. State, 279 Ga. 304, 306(2), 612 S.E.2d 789 (2005). As sufficient evidence existed to support the conclusion that McNeil committed the offense of aggravated assault, and felony murder predicated on that aggravated assault, there is no basis for overturning the jury's verdict here."
Marley
11:09 pm on Monday, October 1, 2012
Mrs. Lyon, since you like to cite things, why don't you take a look at the writ of habeas corpus which states that McNeil was backing up as Epp advanced, knowing that McNeil had already fired a warning shot on HIS PROPERTY. Would you be ok if this was a trial for your life and the victim's prior felony convictions weren't introduced, or the fact that he had drugs in his car at the time he advanced on you. It's a father's life. Epp's wife introduced the fact that Epp was a good man, leaving open the ability to challenge it and impeach her.
Mrs Lyon
9:45 am on Tuesday, October 2, 2012
Marley, at the point McNeil arrived home, everyone was physically safe. Epp was in the neighbor's drive way leaned up against his vehicle. It could have stayed that way had McNeil went straight into his home till the police arrived. Instead, McNeil loaded a gun, approached and engaged Epp, fueling an already unsteady situation, and thus acting out what he stated to 911 that he intended to do.
Leonard W Giddens Jr
12:17 pm on Friday, August 26, 2011
The Davis case has a better chance of being over turned than Mcneil. I for one am tired of the race card when there isn,t any real reason for it. It seems the race card is always pulled when a black has clearly broken the law, weather it be against a white citizen or not. It is almost as if a black should not be punished for breaking the law. Get over it people. Folk in this Country Black and white are sick and tired of these tactics by this racist orginization. I am for justice no matter what the color, I will not take part in a protest to free a guilty person.
Marley
10:46 pm on Tuesday, October 2, 2012
Mr. Giddens, I don't believe this was about race, but I think McNeil should never have been convicted. Read the transcripts. Yes, the NAACP is involved, but it doesn't appear that they are stating racism, in fact the verdict was overturned because of some procedural errors. Their brief says nothing about race that I saw. The media is perhaps turning this into a racial issue, but take that out and read the facts. It was self defense. Now, I will play the gender card...what if McNeil was a woman and she raced home to protect her son after their builder, who had been intimidating and aggressive for months, pulled a knife. She pulls out her gun because she knows the man has a knife and while she asks him to leave, he instead advances at her. She fires a warning shot and he still pursues her. Then she shoots, would we have seen that more easily as self defense because it was a woman...just something to think about.
Marley
10:37 am on Tuesday, October 2, 2012
Mrs. Lyon, McNeil arrived home and had no idea of the situation. Put yourself in his place. Epp intimidated his family for months. Yes, he was in the neighbors yard leaning against the car, but he was leaning against it and looking/waiting for McNeil. You would remain calm and cool-headed if someone pulled a knife on your child? The fact that he was in the neighbor's yard is irrelevant since Epp was not even speaking with the neighbor. HE WAS WAITING FOR MCNEIL. Consider your state of mind. Epp should never have been on their property; there was already issues; "but for" Epp trespassing and pulling a knife on the son, NONE OF THIS WOULD HAVE HAPPENED. Imagine a man had been intimidating your family; he had a knife and was not afraid to use it; Epp brought the gun to the argument. He did not immediately shoot. It was not until after he fired a warning shot and Epp continued to advance on McNeil's property that McNeil shot him. I do not believe that McNeil intended to kill Epp. If that were the case he would have shot him immediately.