Georgia Driver Allegedly Fatally Shoots Hit and Run Suspect

News stations out of Fayette County have been following a very serious case where a woman shot a man who allegedly left the scene of a hit and run accident.

21-year-old, Hannah Payne, has been arrested on charges of murder, aggravated assault, false imprisonment, and possession of a firearm during the commission of a felony after an incident that occurred on May 7 of this year.

According to reports, Payne witnessed a fellow driver, Kenneth Herring, conduct a hit and run accident that evening. She decided to follow Herring while ignoring a 911 dispatcher's instructions to stay with the damaged vehicle. Instead, Payne allegedly followed Herring about a mile away from the scene where she blocked him in with her jeep and confronted him with a gun.

Detectives believe that Payne shot Herring in the abdomen which led to his death.

As a Georgia DUI Lawyer, I will focus today's post on the offense that allegedly set this whole horrific incident into motion - the original hit and run accident.

Hit and Run in Georgia

Hit and Run in Georgia is defined by the Georgia Code in O.C.G.A. §40-6-270 as:

(a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall:

(1) Give his or her name and address and the registration number of the vehicle he or she is driving;

(2) Upon request and if it is available, exhibit his or her operator's license to the person struck or the driver or occupant of or person attending any vehicle collided with;

(3) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person;

(4) And where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance. The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary.

(b) If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.

Therefore, according to the law, if a hit and run accident results in vehicular homicide in Georgia or serious injury by vehicle in Georgia, the accused driver is facing up to five years in prison.

Practice Note

Now the situation in the story outlined above is not a typical case of hit and run. Here, a third party was involved and ended up taking the law into her own hands if the facts reported are true.

Regardless of the case, the most important thing to remember when someone is arrested is that individual is to be presumed innocent until proven guilty. This guideline is the foundation of our criminal justice system. As a defense firm, we understand and back this notion. This applies from the most serious murder charges to charges of DUI in Georgia. If you or a loved one has been arrested, contact our offices today. A Georgia DUI Attorney can help you now.