Imagine the following scenario: You son calls saying that a stranger is in your back yard and that he has a knife. You rush to your home and confront the man. You have an argument and eventually the trespasser is shot in the head and killed. You go to court and instead of being acquitted, you are convicted and given a life sentence. This is what happened to John G. McNeil, who was found guilty of aggravated assault and felony murder in connection with the shooting death of Brian Epp.
According to court documents, in September 2005, John G. McNeil contracted to buy an unfinished home from Epp Elevations. Epp Elevation was owned by Brian Epp and his wife. A few months later on December 6, 2005, Epp went to McNeil’s house to complete required work. McNeil’s son, La’Ron, was home and called McNeil to report that someone was in the backyard. Believing that Epp was a trespasser, La’Ron confronted Epp and asked him to leave, and an argument ensued during which Epp pointed a knife at La’Ron.
In response, McNeil on his way to meet with his son, called 911 to report that a trespasser was on his property and had pulled a knife on his son. An eyewitness who was across the street heard McNeil and Epp arguing. According to the witness, Epp was in the yard between McNeil’s house and the one next door and walking toward McNeil. The witness also indicated that McNeil was constantly moving back with the gun in his hand saying “Back up, I am not playing with you.”
Next McNeil fired at Epp’s head. The eyewitness did not see him raise his hands or see any weapons in his hands. Later, an officer arrived at the scene and found Epp on the ground with a fatal gunshot wound to the head. McNeil informed the officer that Epp had pulled a knife on him and then McNeil shot him.
McNeil was convicted and sentenced to life in prison, in summary, for what many believe was self defense. They also believe the sentence he received because the person he shot was a white man. The state maintains that no errors were noted in his conviction of felony murder, with six of seven Georgia Supreme Court Justices agreeing with the conviction. The lone dissenter Chief Justice C.J. Sears wrote “based on the evidence presented at trial, that the state disproved McNeil’s claim of self-defense beyond a reasonable doubt.”
The questions are: was this self-defense and what does it say regarding historical disparities in terms of justice for a white man and his word, versus that of a black man?
