Prosecutors say woman gave driver ‘death penalty for committing a traffic infraction’

CLAYTON COUNTY, Ga. — Prosecutors say the woman accused of killing a hit-and-run driver gave him the death penalty for a traffic citation.

Channel 2′s Tom Jones has been in the Clayton County courtroom since last week following the trial.

On Tuesday, prosecutors and defense attorneys gave closing arguments in the trial of Hannah Payne.

Payne’s attorney told the jury it was her who was attacked and left afraid that day.

Defense attorney Matt Tucker told the jury that Kenneth Herring, 62, assaulted Payne, grabbed her gun and shot himself in May 2019.

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Prosecutors said it was Payne who shot Herring because he left the scene of an accident.

“And you don’t get the death penalty for committing a traffic infraction,” Assistant District Attorney Nigel Hunter told the jury.

Hunter said Payne should have listened to repeated orders from 911 not to chase Herring, who was minding his own business.

“Was chased down, detained, shot and murdered by this defendant,” Hunter said.

Payne’s attorney said she was trying to do a good deed by getting Herring’s tag number. Tucker said when Payne got out of her Jeep to confront Herring on Riverdale Road and Forest Parkway, she only wanted to tell him to return to the scene of the original incident.

He said instead Herring started punching her and pulled her partially into his truck through the window.

“He’s grabbing, he’s pulling her and she says, ‘I got a gun and I will shoot you,’” Tucker told the jury.

MORE COVERAGE OF THE HANNAH PAYNE TRIAL:

• Prosecutors say woman accused of gunning down hit-and-run driver was told not to chase after driver
• Lawyer for woman accused of gunning down hit-and-run driver says race wasn’t a factor
• Attorney issue postpones trial for woman accused of shooting, killing man after hit-and-run

Tucker said Herring struggled for Payne’s gun and pulled the trigger, shooting himself.

“That trigger went off while this young lady was scared,” he said.

Prosecutors said that’s not true.

They say several witnesses testified it was Payne who was the aggressor, punching and fighting him.

“And when she pulled the firearm, she pointed the firearm in his direction and what they recall is she immediately shot,” Hunter said.

Payne’s attorney said the eyewitnesses were biased or didn’t see what they thought they saw. Prosecutors said their testimony was consistent.

The jury got the case around 4:30 p.m. and were told to begin deliberating after they received the indictment. The judge didn’t say how long she expected them to deliberate before calling it a day.

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Prosecutors say woman accused of gunning down hit-and-run driver was told not to chase after driver

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