Hannah Payne Sentencing — Car Crash Vigilante Trial

[00:00:00] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. [00:03:00] Speaker 1: Okay, Attorney Tucker, we special set this hearing Tuesday for 10 o'clock, which is special set. You've kept the court waiting for 30 minutes, which is just not acceptable. So you do owe the court an apology for keeping us all waiting for half an hour. [00:03:27] Speaker 2: And I apologize to the court, and I apologize to the court, and I'm wearing a mask. I don't know if it's a bug or what. It kind of slowed me down leaving. I apologize for no excuse. I apologize for no excuse. I was just trying to get all the stuff that I've been kind of missing while I was here, caught up real quick. I never expected. If you get caught in that kind of traffic, but I apologize. And, you know, it's something that I'm just trying to catch up from all that time. And they're expecting to get caught, and I'm moving kind of slow, based on, I don't know if it's a bug or what, but that's what's causing me to improve the most load today, so I apologize. [00:04:09] Speaker 1: Okay, your apologies. I'm sorry that you're not feeling well. Deputies, you may bring Ms. King. This is case number 2019, CR-01737, State v. Hannah Renea Payne, and this is a sentence in hearing. Does counsel for this state have an opening statement? [00:05:13] Speaker 3: Judge, we will be brief. I just wanted to take on record the things that we provided to your honor at your honor's request, and also defense counsel, regarding what counts are eligible for sentencing as it relates to this verdict. We then, Judge, will be representing three witnesses who would want to express their opinion to this court regarding what they believe to be the appropriate sentence in this case. I'm assuming then defense counsel will have witnesses to present, and we would then present argument after witnesses have testified. Judge, based on the verdict as it was rendered, the defendant should be sentenced on count one, malice murder. Count two, the felony murder, must merge and be dismissed as a matter of law. Count three, the aggravated assault, factually merges into count one. Count four, the felony murder, based on false imprisonment, must merge into count one and be dismissed. Count five, the false imprisonment does not merge, and therefore the defendant should be sentenced on count five. Count six, the possession of a firearm during the commission of a felony does not merge, and then the counts seven and eight, because they are additional counts of possession of a firearm during the commission of a crime, they will merge into count six. So that leaves the court sentencing this defendant on counts one, five, and six. We would wait to make our argument until after you've heard from the state's witnesses, the defense witnesses, and then we would request to make our argument at that time. [00:07:14] Speaker 1: Okay, thank you. Chief Assistant Smith. Anything from the defense at this time? [00:07:28] Speaker 2: Your Honor, I wouldn't wait. I think if the state will have to present their witnesses and go through that, then I will have Ms. Payne's family. He wanted to speak in her back and talk. I think with the charges being what they are, of course, you know, I'm going to try to find a way to minimalize, but I think it's stacked stories and not much really we can do. But the family does want to speak on behalf of the family, and I would just wait for the state to have their witnesses say what they need to say that we need to put the dollars up there and leave it to the court to make the decision. [00:08:05] Speaker 1: Okay, so before the state calls its witnesses, will the counsels please approach? [00:08:10] Speaker ?: Thank you. Thank you. [00:08:54] Speaker 2: Thank you. [00:09:24] Speaker 1: Okay, to everyone in the courtroom, you can all see that we have a packed courtroom. I would ask that protocols be observed and proper courtroom decorum be observed. No loud explanations, nothing that will disturb the proceedings of this court this morning. And so the court asks you to be respectful in every way. Okay, the state may go ahead and call its witnesses. [00:10:00] Speaker 4: The state calls Vicki Herring. Thank you. raise your right hand do you swear or affirm that the testimony that you will provide to this court will be the truth the whole truth and nothing but the truth so help you God I do all right you can take a seat and pull yourself up to the microphone will you please state and spell your name for the [00:10:48] Speaker 5: record Vicki Lynn Herring V-I-C-K-I-E-L-Y-N-N-H-E-R-R-I-N-G and Ms. Herring what is your relationship to [00:11:02] Speaker 4: Kenneth Herring I was his youngest sister and what would you like the court to know today regarding sentencing I would like the court to know and understand that I [00:11:19] Speaker 5: no longer have a big brother he called me biscuit head all my life because from a little kid every time my mom would get up every morning to make fresh biscuits I would be there as the baby I got the first one and so as I got older and in my adulthood he would then just call me biscuit I won't get to hear that anymore we won't get to laugh at him because he couldn't dance but he tried and we won't get to ruin this about all the times having grown up in the south my mother would make copious amounts of sweet tea and he would drink it all and leave a corned and put the picture back in the refrigerator and put the picture back in the refrigerator we won't get to do that no more Christmas no more birthdays no more family gatherers his grandchildren won't know him he has two adult children that they don't have a father anymore and while he was the oldest both my parents are deceased you would think the oldest would be the head of the family we don't have that now so it's just five of us left there were six of us now there's the five of us and we won't have those memories any longer you know I sit here and I I spent a milestone birthday in the courtroom because my brother's dead and that's something that is now never going to change I just ask that that whatever happens here today that we get some type of peace out of it [00:14:05] Speaker 4: and do you have any opinion as to what you would like to happen as regards in regards to sentencing [00:14:13] Speaker 5: as I think anyone would want any family member would want in any situation like this we would ask for life because it's just over nothing his life was taken he didn't die of natural causes [00:14:40] Speaker 4: all right thank you all right this state at this time calls Jacqueline Harry would you please raise your right hand do you swear or affirm the testimony that you will provide to this court will be the truth the whole truth and nothing but the truth so help me God I do all right you can have a seat and pull yourself up to the microphone can you please state and spell your name for the record it's Jacqueline Carell Herring [00:15:53] Speaker 6: J-A-C-Q-U-E-L-Y-N-K-A-R-E-L-L-H-E-R-R-I-N-G [00:16:02] Speaker 4: and Ms. Herring what is your relationship to Mr. Kenan Herring [00:16:05] Speaker 6: I'm his sister I'm the third sister [00:16:10] Speaker 4: and what would you like the court to know today regarding sentencing in this case? [00:16:15] Speaker 6: we all call him Ken he was just the big brother the big brother that liked to boss us around he had this nickname that he always called me it was duty always duty. always doing he said you can always find me doing something and that seemed to be a problem with him by him being the oldest. I can remember one Christmas he got this BB gun and he didn't have a target so he asked me to stand near this tree and I did not knowing that I was going to be his target with this BB gun and I still have that mark on my leg. that would be the only thing that I have left to remember him by is this little mark on my leg. Ken used to come to me and Ken used to come to the house to my home and him being the oldest he thought that he could not only boss me but boss my daughters and they wouldn't have it. He would always say that no matter what I'm the oldest and that I had to abide by his rules and one of my daughters was in the military and she came home and he was there he just happened to come that Saturday and she knew how to play cards. So he wanted me to be just a bystander not participate in this card game but he was going to be just a bystander not participate in this card game. but she was going to teach me how to play spade and he just went off and he just went off and it was just like a conversation going back and forth with two adults which she was. my oldest and would have been his niece so I remember that that day and now that's all we have is memories. I can't call him if I wanted to I can't visit him if I wanted to I can go to the gravesite but he can't respond do I want to go to the gravesite no I can't go to the gravesite no I can't go to the gravesite no I can't go to the gravesite no I can't go to the gravesite no I can't go to the gravesite no I can't go to the gravesite but he can't respond. I can't go to the gravesite no I can't go to the gravesite no I can't go to the gravesite no I can't go to the gravesite no I can't go to the gravesite no I don't I would prefer him being here I would prefer him coming around I would prefer him calling me with jokes and leaving them on my answer machine like he normally do but I don't have that anymore. [00:19:02] Speaker 4: And what is your opinion as you sit here today regarding sentencing in this case. [00:19:09] Speaker 6: As I think about it, knowing that I can't see him again. I would like for her to have the same. Thing. He got a live sentence. That he did not ask for. As I watched her leaving out. And she was crying. As she was going through those doors. That's the same way I felt when they closed that casting on him. That door would never open again. I'll never see my brother again, only through pictures. The same sentence that she gave him, I would like to see the same sentence given to her. Where he got a life without parole, I would like for her to have death, life without parole. He got death without parole, I would like for her to have life without parole. [00:20:18] Speaker 4: All right, thank you. All right, the state's last witness is Keith Herring. Keith Herring. [00:21:07] Speaker 7: K-E-I-T-H-H-E-R-R-I-N-G. [00:21:13] Speaker 4: And Mr. Herring, what is your relationship to Mr. Kenneth Herring? [00:21:16] Speaker 7: I'm his youngest and oldest brother. [00:21:18] Speaker 4: And what would you like the court to know today regarding sentencing? [00:21:22] Speaker 7: Well, I would like to say on May 7th, 2019, I had no idea that when I called my brother that I would be inundated with phone calls from law enforcement from Clayton County, Georgia. I immediately panicked and feared the worst. I had no intention on answering those calls due to fear. I answered the phone by mistake and told the gentleman what county I lived in. And within five minutes, my wife called me and told me there was a deputy at the house to see me. My life from that point has never been the same. The following day, I found myself repeating to my wife, My wife, I do not know how I'm going to tell my parents or explain to them how this happened. And they had been deceased for years. Never again will I be able to hear him say, Hey, you, get off my mountain. At 53 years old today, I know what he was talking about now. But the defendant took him off of his cloud. The defense attorney in this case attempted to paint my brother as a nobody. He was nothing. It was just good intentions going bad. He was a drug user. He could have been a drug dealer. He could have been anything but an innocent man. But one thing about this situation that I would like the court in you to know, Judge, that Kenneth Herring, he wasn't heavy. He was my brother. And on we go. Thank you. [00:24:00] Speaker 4: Now, Mr. Herring, what is your opinion today as it relates to sentencing in this case? [00:24:09] Speaker 7: At some point in my life, I'm going to need some healing. My opinion as far as judgment in this, I feel that whatever the court gives her, which should be life without parole, she deserves more. [00:24:34] Speaker ?: All right. [00:24:35] Speaker 4: Thank you. [00:24:35] Speaker 7: Thank you. [00:24:35] Speaker ?: Thank you. [00:24:37] Speaker 4: One second, Mr. Herring. [00:24:45] Speaker 2: Mr. Herring. [00:24:46] Speaker ?: Yes. [00:24:46] Speaker 2: Hopefully throughout the trial, I began this by saying it's a tragedy for all parties. And my condolences once again to you and your family. I'm just hoping that what happened in the trial was therapeutic and you're able to put closure to it and move on. All right. Thank you. Thank you. [00:25:16] Speaker 1: Does the defense have any evidence in extenuation and litigation? [00:25:21] Speaker 2: Yes, ma'am. Of course, me and the judicial system as it is, we accept whether we agree with it or not, we accept the jury's decision. I was still a little concerned about the malice murder. I just didn't hear anything that really hit those elements. And I did my directive verdict and I would renew it now knowing that the court is not going to rule on it. But keeping that in mind, hearing the facts and you wrote down a lot of notes, I would like the court to try to keep that in mind. And I have a couple of witnesses for the Ms. Payne to come up and speak on her behalf. Ms. Brad. I have a couple of witnesses for the court. [00:26:15] Speaker ?: I have a couple of witnesses for the court. I have a couple of witnesses for the court. I have a couple of witnesses for the court. I have a couple of witnesses for the court. I have a couple of witnesses for the court. I have a couple of witnesses for the court. [00:26:27] Speaker 2: I have a couple of witnesses for the court. [00:26:29] Speaker ?: I have a couple of witnesses for the court. [00:26:31] Speaker 2: If you could state your name for the court. I'm going to swear. [00:26:50] Speaker 8: Renee Novotny. [00:26:51] Speaker 2: All right, if you'll raise your right hand. Do you solemnly swear or affirm that the testimony you give today will be the truth, the whole truth, but nothing but the truth, so be God. [00:26:59] Speaker 8: I do. [00:27:00] Speaker 2: Okay. And... [00:27:01] Speaker 8: If you could spell her name, please. R-E-A-N-A. Last name N-O-V-O-T-N-Y. [00:27:12] Speaker 2: And what was your relationship to Hannah Payne? [00:27:15] Speaker 8: I am a long-standing friend of the family and have worked alongside both Hannah's parents and Hannah. [00:27:27] Speaker 2: And you got Hannah right out of high school, correct? [00:27:29] Speaker 8: That is correct. [00:27:30] Speaker ?: That is correct. [00:27:30] Speaker 8: All right. [00:27:31] Speaker 2: Is there something you'd like to say to the court on behalf of Hannah? [00:27:33] Speaker 8: I do. And I... May I use my notes, Your Honor? You may. Thank you. I prepared something, and if it suits the court, I'd like to read it, please. [00:27:50] Speaker 1: Just to make sure you project so that the court reporter can hear and that I can hear you. [00:27:54] Speaker 8: Oh, yes, ma'am. I've had the absolute pleasure of knowing the Payne family for 30 years. My initial introduction was when Hannah's father joined my work team in Riverdale, Georgia. I equally had the pleasure of Hannah's mother joining our office staff. Hannah's mother's father and mother faithfully served their community. For a number of years, they resided in the community, and I remember vividly when their daughter, Hannah, was welcomed into this world. It would be my honor to talk about the real Hannah Payne. I watched as Hannah grew and witnessed her often and frequent visits to our office and outings. As a child, she developed a beautiful accent that was a blend of her mother's European heritage and her father's Chicago roots. They taught her to say please, thank you, yes ma'am, no ma'am, yes sir, and no sir. She was a lovely, kind, quiet-spoken, pleasant, and beautiful child. She worked hard to manage her grades and took pleasure in playing in her high school band and always walked among friendships without any regard to color, social, or economic considerations. Upon graduating from high school, I offered Hannah a part-time office job assisting with filing and clerical duties. Hannah's responsibilities grew quickly as she committed herself to each and every project. She was a fast learner, worked with her heart, and within a couple of years began leading and mentoring to maintenance teams all around Metro Atlanta. On many days and on many occasions, Hannah worked directly by my side on construction, renovation, and financial projects as we repositioned blighted communities. She has always remained devoted to each and every individual that comprise our corporate team and served the residents of our communities faithfully to ensure their needs were met. Over the course of time, I have consistently witnessed Hannah opening doors for others, always express thank yous without hesitation to step in and offer assistance whenever and wherever needed. If you've ever had a moment where you need to lift a heavy item into your car and a stranger walked up without being asked and offered to help you, this could have been Hannah. If you've ever seen a person ask for money on the street and a person give it freely because they care, that may also have been Hannah. If you've ever seen a stray animal walking too close along a roadway and a total stranger stop to render help, that also was likely Hannah. At the age of 20, she single-handedly encouraged our company to participate in a food drive for the Atlanta Food Bank. Her enthusiasm for this project and motivation allowed our team to donate an entire trailer full of food and goods to serve the hungry. She has participated in activities to raise money and awareness for the American Heart Association. Two years ago, upon- Two years ago, upon learning that I had breast cancer, she immediately purchased pink bracelets, pink ink pens, disseminated them among our entire office team. She equally engaged everyone from work and a circle of friends to create a collage to ensure that I felt loved and supported through my battle. She equally stood faithfully by the side of her mother over the last year as she was diagnosed with colon cancer. I have witnessed her servant's heart more times than I could be permitted to talk about today. She has shown up at 6am on a Saturday morning to help put together a baseball float for children's baseball team of which she had no child affiliated with. She is the go-to person when any friend or family needs help. I've personally witnessed her picking up children for others, helping with meals, helping pull together a birthday party for children, and taking her niece to after-school activities when her mother was unable to leave work. I have watched her offer to wrap Christmas gifts for children and friends and serve families as Santa delivering gifts for their children. Based solely on an eight-hour work day in the number of years I have had the absolute pleasure of engaging with Hannah on a daily basis. The time average that we have spent together through work is approximately 17,000 hours. Following the events that led her here I have also witnessed her pain. I have witnessed her tears. I have witnessed her quietly excuse herself. Excuse herself to the ladies room where she later returned. I have witnessed her pain. Wearing the tell-tale signs of her tears and her broken heart. This tragedy has devastated two families. For Mr. Earing's family I would like for you to know that her heart has broken one million times. And in spite of anything that anyone that does not know her has alleged or told you. Please know that from the depths of her heart and soul she would have never wanted harm to come to your brother and your loved one. I would also like to say that in the world with this woman, this girl want pain or injury to come to your family member. I would also like to say that she is a selfless servant. She is a selfless servant. I have watched her love, laugh, cry, and pray. I have witnessed her engage with hundreds of individuals, solve thousands of problems, assist in countless situations, and not once, not ever. Have I ever witnessed her be the slightest unkind? Time after time I have witnessed Hannah give love, support, solutions, encourage, encourage, and build up all of those around her. Your Honorable Judge Scott, I pray that you see the heart of this girl. Show mercy and understanding of who the real Hannah Bain is when determining her sentence. I pray the court has mercy and the ability to use her kindness in ways that serve our community. We recognize those that love her understand that a tragedy here occurred. And we ask the court to look into her heart and know that she is a human, worthy of saving. [00:37:42] Speaker 2: You are on our next level as being Miracle Dickerson. She got fired up on the call. Okay. She's going to sit up there and ask for Miracle. [00:38:03] Speaker ?: I'm going to sit up there and ask for her. Okay. I'm going to sit up there and ask for her. I'm going to sit down there and ask for her. I'm going to sit down there and ask for her. I'm going to sit down there and ask for her. I'm going to sit down there and ask for her. I'm going to sit down there and ask for her. I'm going to sit down there and ask for her. I'm going to sit down there and ask for her. I'm going to sit down there and ask for her. I'm going to sit down there and ask for her. I'm going to sit down there and ask for her. I'm going to sit down there and ask for her. I'm going to sit down there and ask for her. I'm going to sit down there and ask for her. I'm going to sit down there and ask for her. [00:38:37] Speaker 2: I'm going to sit down there and ask for her. Miss Morris, if you could raise your right hand, please. You solemnly swear or affirm that the testimony you give today would be the truth, the whole truth and nothing but the truth. So help you, God, can you put your name down and say your full name and spell it for the court. [00:39:20] Speaker 9: It's Melissa Morris, M-E-L-I-S-S-A, last name Morris, M-O-R-R-I-S. [00:39:28] Speaker 2: And how do you know Hannah Payne? [00:39:30] Speaker 9: I'm a co-worker. [00:39:31] Speaker 2: Okay. And what would you like to tell the court today? [00:39:34] Speaker 9: I've been waiting for over four years, sorry, to express my feelings upon this tragedy that has affected two families, two work families, you know, a lot of people. And there are some truths that I need to express. Let me first say I've worked alongside Hannah for over five years. We're a small company. I would refer to her as like my work sister, although I'm probably old enough to be her mother. She is the light of our company. You can go to her to do anything. I mean, she's the jack of all trades. She's always wanted to make sure that we represented ourself as the best company out there. And that meant making sure that she was covering for other people. You know, if I was behind on my work and needed help and it was something that she could do, she would do it for me without even accolades for it. If there were other people in the company that were falling behind or not doing what they needed to do, she would cover for them without, you know, our boss knowing about it. She just wanted to uplift people and make sure that the job got done. I've spent, again, over four years, that it was a very tragic day for a lot of us. And, you know, hearing about what happened, I just, I couldn't believe it. And more so after, you know, the incident happened and hearing social media and the media and how things were covered and honestly, you know, how she was portrayed. It just, I lost hope, I lost hope in people. I've been praying about things for a long time. And I want you all to know that I prayed over this building before I walked in today. I've been praying for you. I prayed for the jurors. I prayed for the prosecution attorney. I've prayed for everybody you've been prayed for today. And I ask, you know, that you find mercy and understanding the person that she was. She's been portrayed as a vigilante, a racist, privileged, all these things. And you can look in this courtroom. You can see all the different colors that are out here, all of God's children out here. It's like a rainbow. She didn't see color. And it's hurtful. I feel like we've just taken a big step back in society when it comes to this. And the one thing that, you know, she always has done at work is, you know, like I said, cover for other people, help people out. And that was protecting them. And I feel like that's exactly what was happening that day. She was trying to do the right thing. She saw something. She was, you know, trying to make sure that she was there to bear witness an accident that she saw. We never would have thought that it would have went down like it did. I know her. I know that there's been some talk about her emotions. But like Renee just stated, she's that individual. And I'm sure that there's some of us here in this crowd right now, especially us mamas. We don't always show our emotions. You know, we cover those up. We wait until we're in the shower and we cry our eyes out. We wait until we drop the kids off at school. We pull over to the side of the road and we cry our eyes out. That's what she is. She's cried. She's cried with me. But she's just – everybody expresses their emotions differently. I don't know if y'all are aware, even if it makes a difference. But, you know, talking about not seeing color, Hannah, her high school boyfriend was a black man. She carried on a long-term relationship with him. She's been involved in, you know, a relationship now with, you know, a Dominican guy. Her best friends are black. There's all different colors in her life. And I just want to make sure that she's portrayed in that light, different than what it's been put out on social media, in the media. And, again, that day, I feel like that she was just there to do what was right. And I know in her mind, and just like everybody in here, we could have never visualized that something like that would have occurred. And I am certainly sorry for your loss, the Herring family. And it's a loss to us as well. And I know this is a different kind of loss. I understand that. I've had a lot of loss in my life. There are a lot of people in my life that I can't call on anymore. I can't pick up the phone. And I understand that. [00:45:23] Speaker 2: And according to sentencing, is there something you like to tell the court? [00:45:26] Speaker 9: Yes. I just ask, you know, I've prayed. Like I said, Your Honor, I have prayed. I've prayed for you. I hope you know you've been covered, that you will make the right decision. And I pray that you show mercy for her. Thank you. Thank you. [00:45:48] Speaker ?: Thank you. Thank you. [00:45:52] Speaker 2: Thank you. I'm Mayor of Clotham. Thank you. [00:45:58] Speaker ?: Thank you. [00:46:00] Speaker 2: Thank you. Thank you. [00:46:04] Speaker 10: And... Yes. My name is Jerry Sneak. You want to step up? Yes. [00:46:12] Speaker ?: And... [00:46:13] Speaker 2: There was one more, but I called her. She's not here. [00:46:29] Speaker 1: Okay. She hasn't presented herself. [00:46:35] Speaker 2: Right. I was going to put them up there in place. Can you raise your right hand, sir? Do you solemnly swear or affirm that the testimony you give today would be the truth, the whole truth, and nothing but the truth. So help you God? [00:46:46] Speaker 10: I do. [00:46:47] Speaker 2: You can put your hand down, say your full name, and spell it for the court. [00:46:52] Speaker 10: Victor Sneak, V-I-C-T-O-R-S-N-E-E-D. I'm not much of a speaker. I'm Hannah's neighbor, and I've known her since the day she moved in. And me and my wife, my grandkids, we became friends with the family. And I'm hearing some of the things that people say about Hannah is not true. Like I said, I've known her for a long time, and I spend a lot of time outside. Work with my hands. I like nature. And back in 2013, I was diagnosed with cancer. I'm from the south. I like working in gardens. I like working on cars, muscle cars. And I couldn't do anything in my garden. I couldn't do anything outside because my immune system was completely down. Out of the blue, Hannah's out there more on my line. I didn't ask her to. I couldn't tend to my garden because I couldn't eat the vegetables. Hannah would go in my garden, pick the fruit, and I tell her, you know, you can just have them. You know, I didn't expect you to be over here, you know, maintaining all my stuff. And a lot of times in life, we make bad decisions. We do things we can't go back and correct. When this was going on, I didn't want to watch it because I didn't want to find out the outcome. Like I say, I'm not a speaker. I did just an impulse when they asked me, did I have anything to say? I didn't want to say anything, but it's just me. I'm the type of person, if I seen something going on, I would intervene. But then a lot of times when you intervene, the wrong things happen. Like I say, I might have said it before. Sometimes you do things you're sorry before and you think about it later. And as you get older in life, you reflect on things. You can see things that are going to happen. You say, hey, you know, I wish I would have done this or I wish I would have done that. And a lot of times you can see somebody young doing something and you would say, hey, don't do that. Sometimes you have to let kids go and you have to let people go fall and bump their head. And then they know the next time you did the wrong thing. I'm out there one night working on my car and it wouldn't start. I had to push it to the top of my driveway. So I'm out there pushing the car. It seemed like every time I take one step, I take two steps backwards because I'm trying to push my car uphill. Next thing I know, Hannah is out there helping me push my car. And she's like, why didn't you tell me, Mr. Victor, that you're out here pushing your car? I say, you know, I didn't think about that. And like I say, I've known Hannah since day one. I've known her family since day one. And you can see. But anyway, Hannah, she was just the type of person that she didn't mind helping you. And she didn't care what it was. Things, you know, I'm not very good on a computer. I got a race car that I was trying to program. I said, Hannah, can you help me out? She came over there. And I don't know what she was doing. Maybe she was in the middle of dinner. Came over there and helped me program a car because I didn't know how to do it. And just like I say, I'm not much a speaker. That's all I have to say. [00:50:18] Speaker 2: And, sir, about the sentencing of Ms. Payne, do you have anything to say about that? [00:50:24] Speaker 10: I don't have anything to say about that. I know what she did was wrong. And if she thought about it, she would do it again. I would hate to lose a family member. But I would like to say that the family would have some leniency against her. I know what she did was wrong. And I know a lot of times we do things, we don't make the right decisions. Everybody's guilty of that. He who is without sin, cast the first stone. [00:50:54] Speaker 2: Thank you, sir. Yes, Your Honor. And this will be my arguments and statements. I believe the state... [00:51:16] Speaker 1: The state votes first. Okay. [00:51:35] Speaker 3: Judge, obviously you sat through this trial and heard the entirety of the evidence in this case. This is not a jury that struggled. They never once indicated that they could not reach a decision. They barely took two hours to find the defendant guilty of all charges, including malice murder. The evidence was overwhelming and the jury was very comfortable in finding that malice. I want to address one thing and I know it's an uncomfortable thing for everybody to address. But the state and my office has never once made this case about race. Not one time. We did not ask a single question in jury selection. That would be considered race baiting. We did not say anything about race throughout this trial. We just have a community that we represent that needs peace and needs healing. And has needed that peace and needed that healing over and over and over again. Whether it's aimed at this defendant or not. So, whether or not we would be in this same place, if Mr. Herring looked different, that's something only the defendant in her heart can speak to. But we have not made this case about race. But we do want this case to be about Mr. Herring and this defendant. Mr. Herring was a human worthy of saving. He had a family to go home to. And what he wanted and his wishes and his rights were fully disregarded by this defendant on May the 7th of 2019. We've talked about the witnesses and I respect their opinion. I know they've known the defendant for a long time. But I want this court to consider what you've really heard about the real Hannah Payne. Her demeanor in this courtroom. Her demeanor during her cross-examination. Where she was as disrespectful as she could be. Only remembered answers to her lawyer's questions. Her demeanor and who the real Hannah Payne is was heard in that 911 call. When she decided that she was smarter and righter than everyone else. She was told repeatedly, even though she's been, in my opinion, dishonest about it. She was told repeatedly and understood clearly to leave Mr. Herring alone. The real Hannah Payne is the one screaming on that call for him to get out of the car. And cursing at him. And striking him as every state's witness who witnessed that incident told you about. The one who introduced a gun into a situation that had nothing to do with her. And then has continued to fail to accept any responsibility for her actions whatsoever. By trying to claim that Mr. Herring shot himself. When the evidence is clear that that's not what happened. And honestly not really possible. She has yet to tell a consistent story about what happened. Every time she told the story in her interview it changed. It was different here. It was different in the back of the patrol car. Because she accepts no responsibility for her own actions. The real Hannah Payne is the one cursing. Telling him to get the F out of the car. And when she gets back on the phone with 911. Explaining that she shot him. Because he hit her jeep. He hit her car. The real Hannah Payne is the person who said I'm safe. But he ain't. That's the malice that the jury heard. And what they had no problem. Finding beyond a reasonable doubt. That was in this defendant's heart. When she took the life. Of a big brother. Who gave all his siblings nicknames. And made jokes with them. And took care of them. And put himself on the mountain to take care of his whole family. We do not believe judge that this is a case. Where the minimum sentence is appropriate. Based on all of these factors. There has not yet been a tear for this victim. Her tears are for herself. You have the authority. In count one. To sentence the defendant. To life without parole. As requested by the family. And we would ask that you consider their request. And leave the choice as to whether or not the life is with or without parole in the discretion of this court. However. On the false imprisonment. If this court does choose to give this defendant life with the possibility of parole. For example. It is the state's request that the ten years on that false imprisonment run consecutive. On count five. [00:57:39] Speaker ?: On count five. [00:57:41] Speaker 3: And then on count six. You are required to give a consecutive five year sentence. And we would ask that it run consecutive to the false imprisonment. For a sentence of life. Plus a consecutive 15 years. We will leave it within this court's discretion. As to whether or not you think this defendant. Deserves a sentence of life with or without parole. But we would ask that you consider. The statements made. By the family in this case. And the things that you have heard. In this trial. And the malice in this defendant's heart. Thank you. [00:58:26] Speaker 2: I'm going to move this over a little bit more. So I can speak without the mask. Judge that is true. When we started this case. I think. You came in with a narrow. Approach of it. Not to get let the media. Try to guide your. Understanding what was going on. Came with an open mind. Open eyes. Wanting to see what was going on. And throughout the course of the trial. There were inconsistencies. I mean you know. The state saying it was with my client. I'm saying it was with their witnesses. I don't think we heard really. Anything from the witnesses that. Matched up. With what. You know we could conclude happened. And during that process. There were lots of. Things brought up. And a lot of. Unnecessary biases added to their. To their statements. As for disrespectful. You know. I felt the witnesses were disrespectful. I don't. I don't think. All. Any. The witnesses gave the respect. They should have to the court. And to the court officers. But that's part of what happens. When you're in a trial. I asked for Miss Payne. I think you heard her on the stand. When asked. Is there anything. You could go back. You would change. And she kind of dropped her head. And said. You know what. I wouldn't even. Helped out. At the beginning. I would not. Have listened to that state officer. Who tried to help out. And that's a shame. That somebody who has good in their heart. Is no longer ever going to want to help anybody. Because. For lack of a better saying. No good deed goes unpunished. But. That was a decision she made. And a decision that. You know. Her. Upbringing. Her standards. Her values. Put her in that situation. And that decision. Is what got us here today. And that decision. According to the jury is wrong. And. Just because. It was a bad decision. Doesn't make her a bad person. It just makes her human. And we all are human. And she is young in age. And I believe the state's assessment is correct. About what charges would merge. With which ones. With malice murder. Even though I. We agree to disagree. I just did not hear. Elements that would do that. And maybe it's because. I know Hannah. From the four years. We've been preparing for this. But. To give her life. Without parole. Is to take a person. Who had good in her heart. And tell her. You'll never get a chance. To get back out. And get that good back. So we would respectfully request. That the court. Look. Look back at what all was said. Look back at what all was done. And was brought forth. And fully understand. She never intended. Intended anything that day. When she left from work. To end up being there. To be in a struggle with Mr. Aaron. To be on the side of the road. To have to pull her gun. To protect herself. And the gun going off. There was never any intent. To have that. It was an accident. And by the grace of God. When it did. She wasn't shot by it. And it was terrible. And a tragedy. That Mr. Aaron was. But. You know. She is a young person. Who. Has plenty of life ahead of her. We just hope that the court. Would use the discretion. To allow her. To have some of that life. To continue the. Charge number five. The false imprisonment. It does. Say it could be run concurrent. Or it could be run. Consecutive. But it also says it could be probated. And. The five years for the gun. Can be probated. And I think the court. Would hopefully. Look into. What has been said today. From both sides. Unfortunately. I was not able to speak with the jurors. To see what. Their mindset was. To find out conclusively. Was it set. Dead set. Because the facts were overwhelming. Or was it something they discussed. So I really can't go into details. Of what the jury said. I just can go in. What I heard. And wrote down. And I saw you making numerous notes. And I would hope the court. Would use those notes. In coming to the decision. To sentence her to life. With parole. And allow the other two. Well the one. Charge to be run concurrent. The other one has to be consecutive. Our hands are kind of tied on that. But understand. That you know. This was all done. With good intentions. And I know they say. The road to hell. Is paved with good intentions. But she's never seen that road. She's never seen. What happens out there. And car accidents. And arguments. And walking up on cars. In Clayton County. And to sentence somebody. To life. Without parole. For being naive. Or trying to do something. With the goodness of her heart. I think is a little bit harsher. Than what is necessary. In this case. And I would just put it. To the court. To use the facts. That they've heard. And the. The direction. That is given to them. By the law. And the compassion. That we know. Is in your heart. And allow her. To have parole. And have an opportunity. To show that it was. Just a bad decision. She's just human. Decisions can be changed. By the way people handle. Adversity. Which is what she's going to be dealing with here. And give her a chance to show. That she does have good in her heart. And that she does know. Certain things you just. You can't do. And no matter if it feels right to do it. You just can't do it. And I don't think she'll ever. Step up to help again. That's a tragedy in itself. Not to the magnitude of losing a loved one. But. If the court could take that. In consideration of her age. The facts. The facts. The compassion. And sentence her to life with parole. And have the other charge run concurrent. And probate that gun charge. I think it would allow her. Time. Time. To reflect. To fully understand. That thing has happened. And it can be. Found to be wrong. But it's how you handle yourself. Through that adversity. To get through it. And come back and show. The true you. Is what allows us to keep hope. In our heart. And allows us to keep going. Thank you Your Honor. [01:05:40] Speaker 1: Thank you Attorney Tuck. From the state. [01:05:45] Speaker 3: Just the. I believe that. In this hearing. It's the last word. [01:05:48] Speaker 1: The court having heard. From the witnesses. And from the attorneys. I am required. To take a short recess. To consider. Which is what I'm going to do. At this time. And I will return. With respect to. What my sentence will be. Thank you. [01:06:48] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thanks. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. [01:19:20] Speaker 1: Thank you. Okay. This court has sat through the trial, has heard arguments of defense and the state, has listened to the witnesses today, and after considering all of those things, the court will impose sentence as follows. Please stand, Ms. May. Thank you. Thank you. [01:20:17] Speaker ?: Thank you. Thank you. [01:20:45] Speaker 1: felony murder, that merges into count one, and it is dismissed as a matter of law. With respect to count five, the false imprisonment verdict, the court imposes a sentence of eight years consecutive. With respect to count six, possession of a firearm during the commission of a felony, the court imposes a sentence of five years that will run consecutive to the underlying sentence. Count seven and eight will merge into count six. So the court's total sentence is lied for the possibility of parole, plus eight years consecutive on the false imprisonment, and five years consecutive on the possession of firearm during the commission of a felony. And that is the court sentence. So I'll remind you again, Ms. Payne, into the custody of the Sheriff's Department. Before I do, I do have some instructions for you, Ms. Payne. You have a right to seek post-judgment relief from your conviction of the crimes, either by making a motion for a new trial in this court and/or filing an appeal to a higher appellate court. If you want to file a motion for new trial or an appeal, then you will need to file the said motion or a notice of appeal with the clerk of superior court of this county within 30 days. You may want to more fully discuss this with your attorney. If a motion for new trial is made and the court denies it, you will have 30 days from the filing of this order of denial in which to file with the clerk of court your notice of appeal. You have a right to have an attorney represent you on the motion for new trial and the first level of direct appellate review. And if you cannot afford to hire an attorney, the court will provide you an attorney and a transcript of your trial at no cost. In addition, usually you have a period of four years from the date of your sentence, which is today, before in this court becomes final to file a habeas corpus petition. The details that can affect the time within which you must file this petition are contained in the copy of this court subsection and I am going to ask the deputies to hand that to you. And so you have four years from today's date to file a habeas corpus petition. Councils, I can confer with U.S. to set in a deed for the hearing for a motion for new trial, but we can do that once we're adjourned. Okay. Councils, I just have one more question. I have to look at Ms. Payne. [01:24:06] Speaker 2: Yes. Councils, I know she said 8 and 5. Are any of those additional charges, are any of that going to be probated? [01:24:13] Speaker 1: I believe I was very clear, Attorney Tucker, that they are consecutive. So it's consecutive to serve? The life with the possibility of parole. [01:24:28] Speaker ?: Thank you. [01:24:31] Speaker 1: Okay. Anything further from the state? Nothing further from the state, Judge. Anything further from the defense council? Nothing further from the defense council. Okay. Thank you. Ms. Payne, you may go with the reputations at this time. With respect to this matter, the court stands adjourned at this time. [01:25:10] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.