A vigilante woman wept in court upon being convicted of murder for pursuing and fatally shooting an elderly man who fled a car crash scene. Hannah Payne, 24, was tearful with her head bowed as Judge Jewel C. Scott delivered the guilty verdict on Tuesday afternoon in Clayton County, Georgia.
Payne, who ‘acted like a cop,’ chased Kenneth Herring, 62, in her vehicle after seeing him involved in a minor collision with a tractor-trailer on May 7, 2019. She intercepted him, then jumped out of her car, punched Herring through his window, and subsequently pulled out a gun, fatally shooting him on the busy highway near the intersection of Riverdale Road and Forest Parkway on the outskirts of Atlanta.
During the state’s closing arguments, the lead prosecutor emphasized, “Kenneth Herring, unarmed and simply going about his business, was pursued, detained, shot, and killed. You don’t face the death penalty for a traffic violation.” The Georgia woman faced charges including two counts of felony murder, three counts of possessing a weapon during a crime, and one count each of malice murder, aggravated assault, and false imprisonment. A jury of twelve from Georgia reached a verdict in approximately 90 minutes, concluding that Payne illegally assaulted and murdered Herring. She is scheduled for sentencing on Friday.
Payne, testifying on Monday, insisted she didn’t intend for her gun to fire, claiming Herring shot himself during a struggle for the weapon. However, state evidence, including witness testimonies, suggested Payne aggressively confronted and threatened Herring before shooting him. District Attorney Tracy Graham Lawson emphasized, “You can’t claim self-defense and use deadly force unless you’re not the initial aggressor, and she was.”
At 21, Payne reportedly ‘acted like a cop’ and attempted to prevent Herring from fleeing a crash scene. Despite a 911 dispatcher’s advice to remain at the site, she chose to follow his pickup after it collided with a tractor-trailer near Clark Howell Highway on May 7. In 2019, Clayton County Magistrate Court Judge William H. West found sufficient probable cause for the murder case against Payne to proceed in a preliminary hearing.
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Detective Keon Hayward of the Clayton County Police testified that Herring, on the day of the incident, appeared to be experiencing a medical emergency, possibly diabetic shock, as described by a witness. “He was disoriented, asking what happened, who hit me, what’s going on,” Hayward recounted. Payne, who wasn’t involved in the accident, pursued Herring and blocked his car about a mile away at an intersection. Armed with a 9mm gun, she demanded he return to the crash site and then brandished the handgun at him.
Matt Tucker, Payne’s lawyer, argued that a confrontation between Payne and Herring “ended in her handgun discharging,” resulting in Herring’s fatal injury, as reported by WXIA-TV. He claimed the shooting was self-defense, labeling his client a ‘Good Samaritan’ for blocking Herring’s pickup with her Jeep after witnessing Herring hit a semi-truck and attempt to flee around 6:15pm. However, Clayton County District Attorney Tracy Graham Lawson challenged this defense, citing Georgia law which allows ‘citizen’s arrest’ only when a felony is witnessed. She argued that the collision was a misdemeanor traffic offense, stating in court: “You cannot claim self-defense and use deadly force unless you’re not the initial aggressor – she is.”
The incident sparked controversy, with Herring’s wife Christine suggesting vigilantism and a racial motive, comparing it to the Trayvon Martin case. She questioned Payne’s decision to follow Herring, noting he was likely having a diabetic episode and was trying to get to the hospital. Christine refuted the self-defense claim, stating her husband couldn’t exit his truck as Payne had blocked him in. “She followed him, blocked him, and killed him,” Christine said. Witnesses reported Payne physically confronting Herring at his car window before the fatal shot was fired. Detective Hayward noted Herring remained at the crash site for about 18 to 20 minutes before leaving.
Detective Hayward explained that Payne was on a 911 call while following Herring and remained on the line throughout the incident. The defense stated that her phone was knocked from her hand, and in the background, she is heard demanding Herring to “get out of the car” repeatedly. Hayward testified that upon retrieving the phone, Payne told the 911 operator, “He just shot himself with my gun.”
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