LOCUST GROVE, Ga. (WXIA) -- It's a tragedy that has two families in Locust Grove grieving.
A 15-year-old boy admits killing his older sister's 17-year-old boyfriend. The boy's attorney tells 11Alive News that it was the 17-year-old who came at the boy with a baseball bat during a violent altercation.
It's a clear case, the attorney said, of self defense.
On Tuesday, May 5, the boy's sister and her boyfriend were arguing just outside the Locust Grove home where she and her brother live with their parents.
Minutes later, the boyfriend, 17-year-old Dalton McCullough, would be dead just inside the home -- killed with one gunshot fired by the girlfriend's 15-year-old brother, Jared Lyon, using a handgun their father kept in the home. And Jared is now charged as an adult, with a felony -- voluntary manslaughter.
But Jared's attorney, Christopher Chapman of Stockbridge, said Jared was protecting himself, his sister, and their home. It was Dalton, Chapman says, who was out of control, dangerous, and threatening Jared's life.
"Dalton actually, physically became aggressive, put his hands on my client's sister," Chapman said. "Dalton had grabbed her and was trying to prevent her from coming into the house." And, Chapman said, Dalton threatened Jared's life.
"My client instructed Dalton to leave, Dalton did not leave. Instead, he chose to arm himself with a baseball bat, and start coming at my client in an aggressive manner, trying to attack him and also, I believe, get in the house. And at that point my client shot him."
Chapman said Dalton had threatened Jared several times prior to that day.
"It's known that he has a very violent temper. He's had some violent incidents in the past. And my client feared for his safety."
Some of Dalton's friends, mourning his death, told 11Alive News soon after he was killed that they saw a different side of him.
"He was really a great guy," said one classmate attending a candlelight vigil outside Hampton High School on May 6. "He was really good to everyone, and he didn't really expect much from anybody. And it's hard to believe that he's gone," she said.
But Chapman said others knew of Dalton's violent personality.
Henry County Police say Jared has been cooperating fully with detectives, from the moment police responded to the 911 call on May 5, and he continues to help them with every aspect of the investigation.
The police report says that immediately after the shooting, Jared "was clearly upset over the situation.... he told me that it was self-defense.... (he) also stated that he just want to protect his sister and that his dad always told him to protect his sister."
But detectives decided to charge Jared anyway, as an adult, with felony voluntary manslaughter. And a court order is sending the case to the Grand Jury for possible indictment.
Henry County Police Lt. Joey Smith said the evidence shows Jared did not have to shoot.
"There are some other factors involved as far as timing and events that occurred," Lt. Smith said. "Basically there was enough to show that something occurred there that would lead one to believe it was voluntary manslaughter.... Voluntary manslaughter would inolve something that is intentional but not planned," and not self defense.
11Alive News tried to reach Dalton's family for comment, and as of Friday night had not heard back.
Jared is in the custody of his parents, finishing 9th Grade at home via the on-line lessons provided by his teachers. And in the next few weeks the Grand Jury in Henry County will decide whether to indict him, or throw out the case.
"It's really a tragedy for both families," Chapman said.
