CLAYTON COUNTY, GA — The Georgia Supreme Court is set to hear arguments in the appeal of a Clayton County woman convicted of murder after chasing down a driver involved in a fender-bender and shooting him.
Hannah Payne was convicted in 2023 in the shooting death of Kenneth Herring and was sentenced to life in prison with the possibility of parole.
Authorities say Payne witnessed a crash involving Herring, who drove away after his pickup hit a semi. Payne followed him, despite a Clayton County 911 dispatcher repeatedly telling her not to, then cut him off and confronted him with a gun.
Her attorneys argue jurors in her trial should have been instructed on laws regarding citizen’s arrests.
WSB senior legal analyst Ron Carlson says the case highlights a broader legal issue.
“The Hannah Payne case is seen by some as a worthwhile attempt by a citizen to stop a hit-and-run driver, but by others as a vigilante justice run amok,” Carlson said.
Carlson says Payne claims she believed Herring’s continued flight posed a danger to others on the highway.
“Hannah Payne claims she believed Mr. Herring’s continued flight posed a danger to others on the highway and he needed to be stopped. After all, she says he had already committed a hit-and-run,” Carlson said.
Carlson also noted the limits of citizen’s arrest laws.
“It has to be done with appropriately measured force; now Mr. Herring apparently did a hit-and-run and that was in the presence of Hannah Payne and there is a penalty for that, but it is not execution at the hands of another citizen,” Carlson said.
Payne’s attorneys argue mistakes were made during her trial, while the Clayton County District Attorney and the state attorney general are pushing back on those claims.
The hearing is scheduled for Wednesday, March 18 at 10am.
WSB Radio’s Veronica Water’s contributed to this story.