McNeil arrived home after his teenage son had called him about an unfamiliar man lurking about their property.
Brian Epp, a hired contractor with whom McNeil had past difficulties, had already pulled a knife on the teenager.
Epp refused to leave, and McNeil, who had called 9-1-1, fired a warning shot into the ground. Epp then charged toward McNeil while reaching into his pocket. McNeil fatally shot him in the head at close range. Court documents state that a pocketknife was clipped inside EppÂ’s pants pocket. McNeilÂ’s neighbors who witnessed the incident backed his story.
Kennesaw police detectives investigated the case, decided that McNeil had acted in self-defense and didnÂ’t charge him.
McNeil’s self-defense claim is supported by Georgia’s “castle doctrine law,” which allows an individual to use deadly force to protect his or her home, or anyone inside it, from a violent trespasser.
McNeil and his family thought the worst was over, until Head decided to pursue prosecution.
NAACP Urges Freedom For Black Man Who Killed White Man In Self-Defense
Yes, well, let's see how that jives with the real story:
Brian Epp was not an "unfamiliar" man; according to the Atlanta Journal, "There had been tension for weeks between McNeil and Epp, the builder on McNeilÂ’s nearly-finished but overdue $439,000 house on Earlivine Way in Kennesaw.
Trial witnesses portrayed a hostile relationship that became worse each day until the afternoon of Dec. 6, 2005, when McNeilÂ’s son called to say a man had pulled a knife on him in their backyard."
Your source doesn't discuss the 911 call in any detail, yet it was critical to the prosecution of the case. Again from the Atlanta Journal:
"“I’m about to pull up now. Just get the cops out here,” John McNeil said on the 911 recording. “I’m ready to whip his ass right now.” The operator urged him to stay in the car as an officer was only minutes away, but he refused.....
The morning of the shooting, the McNeils discovered Epp had removed the heating and air conditioning vents from their house and installed them in the one he was building next door for his mother."
Perhaps McNeil came into this situation with an axe to grind?
But how about the pocketknife found in Epp's pant's pocket (yet never drawn)? The only knife found was a contractors knife clipped to the inside of his pocket. He was a contractor, after all; of course he would have tools on his person. Yet McNeil never saw the knife; it was found after the contractor and father of three young children was shot in the head from a distance of three feet.
Here is what some of the jurors had to say:
"Another juror in the nine-day trial, Michael McClellan, said “The jury was very diligent. I don’t think there was an injustice done in terms of the jury’s verdict.”
Juror Janis Parsons agreed with the verdict but now believes McNeil should get another chance because in her opinion the life sentence without the possibility of parole for 30 years is too long.
“I’m not saying he wasn’t trying to protect his kid but just listening to it on the 911 recording… our hands were tied,” Parsons said. “I didn’t want to say he was guilty…. But I couldn’t say he was innocent.”
There is no evidence that race played a role in this at all, and there certainly is a reasonable argument to be made that he shot this contractor in a fit of anger, not out of fear for his life as claimed. By the time he arrived there, his son had locked himself in the house. He should have simply waited for the police to arrive and remove Epp from the property.
Was it self-defense or murder? | www.ajc.com