Prosecutors say woman accused of gunning down hit-and-run driver was told not to chase after driver

CLAYTON COUNTY, Ga. — Testimony got underway in the trial of the woman accused of chasing a hit-and-run driver and then shooting and killing him.

Channel 2′s Tom Jones was in the Clayton County courthouse where the jury was hearing testimony.

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During opening statements, prosecutors said Hannah Payne ignored repeated orders from a 911 operator not to pursue 62-year-old Kenneth Herring.

Defense Attorney Matt Tucker told the jury a 911 operator initially told his client to get the driver’s tag number.

Clayton County Chief Assistant District Attorney Bonnie Smith says Payne caught up to Herring and told him what she was about to do.

“I will shoot you. I will shoot you,” she recounted Payne’s words that day.

Before that, Smith said the 911 operator was very clear in explaining to Payne why she shouldn’t pursue Herring.

“Tells the defendant, ma’am, don’t chase him that’s not safe. We don’t need you to do that.”

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Prosecutors say Payne cut Herring off at Riverdale Road and Forest Parkway and went to his car with a gun.

“You will hear the defendant screaming get out of the car. Get out of the car,” Smith told the jury.

The state says Payne pointed the gun at Herring and shot him when his car bumped into hers. Smith says Payne then blamed the shooting on Herring.

“She says he pulled the trigger on my gun and shot himself,” Smith said.

“This is a tragic situation,” Tucker told the jury.

He said his client was defending herself that day. Tucker said Payne tried to get Herring to talk to 911 when she went to his car. He said Herring began tussling with her as he sat in his car.

“She’s shocked that the guy grabbed her and was pulling her into (the) car,” he said.

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Tucker says Herring scratched her and ripped her shirt.

He says then all of a sudden: “There’s pulling and pulling and bam this gun goes off.”

Payne told police that Herring shot himself with her gun.

Prosecutors say that’s not what happened.

“Mr. Herring is trying his best not to get shot at this point,” Smith said.

Payne faces felony murder, malice murder, aggravated assault, false imprisonment, and other charges.

She faces up to life without parole. At one point during the trial, she appeared to wipe tears from her eyes.

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