JONESBORO, Ga. — Hannah Payne took the stand for the first time on day four of her trial Monday afternoon.
Payne is accused of murder in the 2019 shooting death of Kenneth Herring. Police say she reportedly followed him after an accident, allegedly confronting him and telling him to return to the accident scene.
A witness at the time described what appeared to be a medical emergency occurring with Herring, "like diabetic shock." His wife has said she believes he was having a diabetic episode and was trying to get to the hospital.
The stand-out from Monday's testimony: Payne is claiming she had no intention of shooting Herring. And she believes during their interactions, Herring could have possibly and accidentally fired the gun himself.
11Alive used video obtained by Court TV. Payne told the court Monday that one of the witnesses of the crash stated to her that he was a state officer and flashed her his badge. Payne was not under the impression that he was a corrections officer.
She claims the second witness insinuated that Herring was drunk and encouraged her to follow Herring by gesturing her in his direction of travel after Herring took off. While on the phone with the 911 dispatcher in her vehicle, Payne claims the dispatcher asked her for Herring's tag number.
She recalls dispatch discouraging her from chasing Herring only once, but said the dispatcher told her it was for her safety. Payne did not take it as an order, as she felt safe. She said she was also unaware that dispatch may have already had the tag.
Once she reached Herring's car, Payne said she got out with her cellphone on speakerphone with the dispatcher. The prosecution showed photos of Payne's vehicle appearing to cut Herring's vehicle off. Payne maintains that that's not what happened.
"Either he was merging, and his vehicle finally gave up..." Payne said, noting the leaking fluids and damage to Herring's vehicle.
The prosecution gave Payne a copy of the 911 transcripts where it shows the dispatcher discouraging her from chasing Herring four times. Her attorney came to the conclusion that Payne and the dispatcher were possibly talking over one another.
Payne explained that she got out of her vehicle because dispatch asked her and others to return to the scene of the accident now that police arrived. Payne said she took that to mean that she should ask Herring to come with her. And that's where she said things went south.
"Apparently, I was close enough for him to reach out the car," Payne said with a shaky voice. "He knocked my phone out of my hand. And he grabbed me by my wrist. And he pulled me into the vehicle."
Payne said Herring grabbed her wrist and top through the window. Payne's attorney showed photos of the marks on her body from the exchange as well as the torn, black top Payne claimed to be wearing. Payne felt she was in danger of being dragged on the roadway.
"It felt like it lasted forever. And I just remember, it was like I saw my life flash before my eyes," Payne said.
Payne said she reached for what she said is her registered weapon, that was holstered on her hip. She said she took self-defense classes and frequented the gun range. Her attorney showed a demonstration with a toy gun. She said Herring grabbed her neck and the gun. And that's when she said the gun went off. Payne said she didn't plan to shoot. She just wanted to get away.
"Pulling it out, he would let me go and I'd pull away from the vehicle," Payne said of her intentions. "And that would be it."
The prosecution clarified that Herring never presented a weapon and that during the conversation with dispatch she stated that she understood that the dispatcher asked her not to chase Herring.
Payne is indicted for malice murder, two counts of felony murder, aggravated assault, false imprisonment, and possession of a firearm during the commission of a crime.
Closing arguments are expected Tuesday.