by: Tom Jones Updated:
ATLANTA,None - A nightclub DJ charged with murder says he shot the victim in self-defense, but prosecutors say the evidence doesn't show the life of Johnny Jackson III was in danger.
During a preliminary hearing, Fulton County police Detective J.S. Rittberg testified that Jackson was a DJ at the private club. He said he went by the name DJ Outlaw.
The night of the incident, the detective says, Williams, a former Rockafella’s employee, went into the DJ booth and assaulted Jackson because he wouldn't play his CD. Williams was ordered to leave.
Rittberg says Williams went out one door and Jackson went out another.
The detective says Jackson told him that he saw Williams coming at him in the parking lot while he was near his truck.
Testimony indicated that someone had given Jackson a shotgun and he opened fire on Williams after Jackson says he saw Williams beginning to point a gun at him.
"The victim was shot five times with a shotgun," Rittberg testified.
Jackson's attorney says his client shot because he feared for his life.
"You have an absolute right to defend yourself if you feel you're being threatened. And you have the right to use force -- deadly force -- if necessary," defense attorney Morris Fair Jr. said. "In my client's mind, this guy is fixing to jump on me again and he's got a gun this time."
Prosecutors say there's one problem with that theory.
"No one has stated, aside from Mr. Jackson, that the victim had a weapon," Rittberg said.
Police say no weapon was found on the victim.
Police also say witnesses told them Jackson kept firing at the victim, even when he was on the ground.
"She (a witness) saw him fire a couple of times and then stand over the victim and fire more," Rittberg said.
Police say Williams was hit twice in the back, two times in the torso and once in the head.
As for the gun Jackson says Williams had, Fair said police haven't talked to all the witnesses.
"I know people have seen that man with a gun," Fair said.
Judge Karen Woodson found enough evidence, or probable cause, to move the case forward. It will now go to a grand jury.
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