Wednesday, June 4, 2003
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Wednesday, June 4, 2003 |
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Magistrate: Evidence 'thin' in road rage murder charge By JOHN
MUNFORD
A defense attorney for a Sharpsburg man accused of murdering a Fayetteville woman in what has been termed a road rage incident May 10 tried to place the blame on the victim during a court hearing Tuesday afternoon. Magistrate James A. White called the evidence for a murder charge "thin," but ruled there was enough probable cause for the murder charge to stand against Paul Samuel Garner Jr., 32, for the death of Kera Nicole Koon. Garner is also charged with two counts of aggravated assault and one count of obstructing a law enforcement officer; White dismissed a charge of vehicular homicide, however. Garner's attorney, Lee Sexton, pointed to evidence that Kera Nicole Koon, 21, Fayetteville, had consumed alcohol and smoked marijuana before she weaved in and out of traffic on Ga. Highway 54 at a high speed in her Chevy Blazer. He also faulted Koon for "tailgating" Garner's truck after he passed her. Sexton also said Garner tapped on the brakes only so he could slow down to turn on Tyrone Road and that the two vehicles never collided. "There is no evidence of him slamming on his brakes," Sexton said. But Assistant District Attorney Dan Hiatt countered that witnesses said Garner tapped on the brakes well before he was near the intersection with Tyrone Road. Garner used his truck "as a deadly weapon," Hiatt added. Hiatt argued that Garner assaulted Koon by tapping on his brakes, which caused her to lose control of her vehicle. Garner impeded Koon from passing his vehicle on several attempts, Hiatt added. Fayette County Sheriff's detective Capt. Mike Hattaway said Garner came to the sheriff's department about five hours after the accident and voluntarily spoke with detectives. This happened after detectives began executing a search warrant at Garner's home based on tag information that was reported by a witness to the accident, an off-duty police officer, Hattaway said. It also happened after Garner passed the accident scene a second time in a vehicle driven by another person, Hattaway said. Garner told detectives that he didn't stop either time "because he was scared." Hattaway said he was told Garner admitted to speeding up to "catch" Koon's vehicle after she cut his vehicle off. Garner said he got in front of her and "just tapped" the brakes," Hattaway said. Although the interview with Garner was recorded by detectives, another member of the sheriff's department accidentally recorded over the same tape, Hattaway said. Detectives also interviewed the passenger in Koon's vehicle who survived the accident, Hattaway said. Michael Thomas said he and Koon were scared of Garner after he tried to catch up to the Chevy Blazer she was driving. Thomas also admitted that Koon drank alcohol and smoked marijuana earlier in the day, Hattaway said. Witnesses said Koon was passing vehicles at a high rate of speed before the accident, Hattaway said. Hattaway admitted that Koon "could have" been under the influence of drugs or alcohol when she was driving, but the toxicology results from the state crime lab have not been completed yet. When Sexton asked Hattaway if Garner might have tapped on his brakes to get Koon to back off, Hattaway replied, "I don't believe he should use his vehicle as a traffic control device." Sexton later asked White to dismiss the murder and aggravated assault charges for lack of probable cause, but White declined. White said the evidence for the murder charge was "thin" but a jury might or might not be convinced to find him guilty. Whether Garner used his vehicle as a weapon is a question for a jury to decide, White said.
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