CLAYTON COUNTY, Ga. — Clayton County prosecutors began calling witnesses to the stand Wednesday afternoon in the murder trial of a woman accused of shooting and killing a driver who left the scene of a crash.
Clayton County Police say that in 2019, Hannah Payne followed 62-year-old Kenneth Herring after witnessing a crash where Herring reportedly hit a semi-truck. That’s when police say Payne shot and killed him.
Families of both the defendant and victim sat in the courtroom today.
In opening statements, the prosecution stated the 911 operator that Payne called told her not to follow Herring after he left the scene of the crash.
"Witnesses will tell you she takes the gun out of her hip and is pointing the gun at her vehicle. She’s the aggressor. That’s what the witnesses are going to tell you. You’ll hear all of this because she’s still on the phone with 911," the prosecutor told the jury.
The prosecution added that a correctional officer who works at a medical prison - one of the witnesses that was called up - stated that Herring was driving erratically because he seemed to be experiencing diabetic shock.
Herring's youngest sister was the first witness called to the stand. She confirmed he was diabetic and depended on insulin.
There were times you could see Payne in tears, especially as her attorney, Matt Tucker, spoke to the jury.
Tucker claimed that her intentions were good, that she's a caring individual, and was trying to do the right thing after seeing Herring leaving the scene of the crash.
“She’s young," he said. "She sits there and listens to authorities. She believes that people still have good in them. She comes out with the phone. 'Hey, I have police on the phone. You need to go back here.' Only to hear that engine rev up. You hear the engine in 911 and you hear the screams."
Prosecutors also played as evidence, the 911 call made by the correctional officer. It is expected the trial will take at least a couple of days.
In the meantime, Payne is out of jail on bond.
Jury selection took three days to complete. Tucker said seating a jury has been a challenge.
"It’s hard to go through a jury when we all know that they’ve heard something about this case," Tucker said. "She’s trying her best to keep her composure, and she’s ready to get this over with."
A grand jury indicted her for malice and felony murder, among other charges. According to Clayton County Police, a crash occurred on Clark Howell Highway near Interstate 285 on May 7 of that year. It was reported Herring ran a red light and crashed into a semi-truck. One of the drivers, Herring, allegedly left the scene.
Police said no one was hurt during the accident, and there wasn't extensive damage. Payne allegedly witnessed the crash and followed Herring. The crash happened about a mile away from where Payne followed him. She allegedly confronted him and told him to return to the accident scene. Police said she called 911 to report the hit-and-run.
In testimonies from detectives from 2019, it was revealed that a witness said Herring appeared to be in the middle of a medical emergency. Detectives said witnesses described the emergency as "like diabetic shock." Payne allegedly shot Herring several times as he sat in the driver’s seat of his car, killing him.
The trial comes after several delays; it was officially supposed to start in November 2022 before an attorney said they fell ill. It was also delayed several times before due to the pandemic.