SOUTH FULTON, Ga. — A judge has granted bond to a man accused of killing one person and injuring another in a South Fulton shooting that prosecutors and defense attorneys say stemmed from a confrontation earlier the same day at a gas station.
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The case centers on Kenneth Johnston III, who faces murder and aggravated assault charges. On Friday, a Fulton County judge set his bond at $100,000, with strict conditions that include an ankle monitor and a curfew.
Johnston’s defense attorney, Ashleigh Merchant, argues the shooting was an act of self-defense.
“There was a gentleman that pulled a gun on my client, and my client shot in self-defense,” Merchant said.
Shoals Road, where Johnston’s father, Kenneth Johnston II, was with a handyman friend who became involved in a payment dispute with Donald Green.
Merchant says Green allegedly pulled a gun and later followed the men as they left the gas station.
Court documents indicate the men later encountered each other again at a home on Connell Road, where Johnston III had joined his father and the handyman. Merchant says the elder Johnston wanted to de-escalate the situation.
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According to Merchant, the chain of events began at a Circle K Exxon on Flat
A court filing states Johnston III told investigators he brought his gun because he feared for his father. The document says he admitted to shooting when he saw Green exit his vehicle with a gun.
Investigators also reviewed surveillance video from the gas station, which they say appears to show a man in a black Cadillac pointing an object toward Johnston and another individual.
Prosecutors say a passenger who had been with Green suffered a gunshot wound to his thumb. Green later died.
Fulton County Chief Senior Assistant District Attorney Tom Griner argued in court that the shooting was not spontaneous.
“This was a planned event,” Griner said. “And nowhere in this plan is contacting the police and saying something like, ‘We were at this gas station, we had a gun pointed at us, and we were threatened.’”
Griner also told the court the victim’s family opposes bond.
Merchant disputed the claim that the encounter was planned.
“It wasn’t a planned event to go and shoot anybody,” she said.
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Judge Rachel Krause ultimately granted bond, pointing to Johnston’s lack of a criminal record.
“Given that he doesn’t have any criminal history that anyone has pointed to, I don’t know how the court could find that he poses a danger of committing a felony,” Krause said.
Johnston’s parents expressed relief after the ruling but said they would not comment on the facts of the case.
“This is an unfortunate situation that we find ourselves in, but I am very thankful that my son got bond,” his mother, Vonetta Townsend, said. “We will let the process play out as it should.”
His father added, “I’m happy that my son is coming home and I hope for a just outcome on this case.”
The family says they are leaning on faith and community support.
“Our faith, definitely our faith, our prayers, and just our community, keeping everything together,” Townsend said.
Merchant says she hopes the Fulton County District Attorney’s Office ultimately decides not to indict the case.
In a statement, the DA’s office said, “Charging decisions in this case, as in all cases, will be made by our Case Intake Division based on an independent assessment of the evidence and the law.”
Merchant also noted she instructed Johnston’s family not to discuss the details of the case publicly and said she has confidence prosecutors will make the right decision.
No one in court identified themselves to Channel 2 Action News as a member of the alleged victim’s family.
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