Woman who chased down, killed driver who left crash scene appeals to Georgia Supreme Court

CLAYTON COUNTY, Ga. — The Georgia Supreme Court will hear an appeal filed by woman found guilty of murder in the death of a hit-and-run driver.

Hannah Payne shot and killed Kenneth Herring at the intersection of Forest Parkway and Riverdale Road in May 2019 after she saw him leaving the scene of a minor accident.

Prosecutors said Herring may have been having a medical episode at the time of the hit-and-run. After the crash, police said Payne followed Herring, confronted him, and shot him.

All the arguments from Georgia Supreme Court hearing, LIVE on Channel 2 Action News starting at 4:00 p.m.

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A jury found Payne guilty in 2023 and a judge sentenced her to life in prison with the possibility of parole.

Payne later filed an appeal with the Georgia Supreme Court, which agreed to hear her case on Wednesday morning.

She argues that her attorney didn’t provide her “adequate representation” when he didn’t ask for a jury instruction to consider citizen’s arrest or defense of others. Payne argued she feared for her life and that’s why she shot Herring.

Georgia repealed its citizen’s arrest statue in 2021, but Payne argues it shouldn’t have been retroactive and should apply to her defense. The state stands by the jury instructions and verdict.

The Georgia Supreme Court will hear Payne and other cases starting at 10 a.m. Wednesday.