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published Tuesday, November 17th, 2009

Jury to decide whether killing was justified


by Jacqueline Koch
Audio clip

Testimony from today's probable cause hearing.

What started as a fistfight earlier this month led to the city's 16th homicide, though a jury will decide whether the shooting was justified and committed in self-defense.

Edward Jackson III, 18, is charged with criminal homicide in connection with the Nov. 5 death of Antonio Green, 28, at a park near Amnicola Highway.

On Monday, a Hamilton County General Sessions Court judge bound the case over to Criminal Court and set bond at $50,000.

Witnesses testified Monday that Mr. Jackson was sitting in a vehicle with his friend Darryl Williams when Mr. Green approached. Mr. Jackson and Mr. Green began arguing, Mr. Williams testified, but he didn't know what the fight was about.

He said he saw Mr. Green punch Mr. Jackson, pull him out of the car and onto the ground, then begin kicking him.

"I guess the gun came out and it looked like a big scuffle as everyone reached for the gun," he said.

That's when Mr. Williams heard shots and hid behind his vehicle, he testified.

He then helped Mr. Green into a vehicle to take him to the hospital, he said.

Mr. Jackson told police he was on the ground during the fight when he saw a gun laying near him, Chattanooga Police Department Investigator Karl Fields testified Monday. He picked the weapon up, held it close to him and pulled the trigger, Investigator Fields said.

Mr. Jackson's attorney, Matt Brown, argued that his client acted in self-defense and that the shooting was justified because he feared for his life during the fight.

"There is no other course of action that would have been reasonable for him to take," Mr. Brown argued.

Assistant District Attorney Rodney Strong said that a punch in the face did not constitute imminent danger of death.

"He was in a park in a public place, endangering the lives of who knows how many other people," Mr. Strong said.

A jury now will now hear the case and decide whether the shooting was justified and, if Mr. Jackson is found guilty, what degree of homicide charge will be assessed. The charges could include anything from second-degree murder to voluntary manslaughter to criminally negligent homicide.

It is unlikely the charge would be first-degree murder because the crime does not appear to be premeditated, Mr. Strong said.

Several of Mr. Green's family members sat in the front of the courtroom Monday, wearing white sweatshirts with Mr. Green's picture and the words "My Guardian Angel" on the back. They declined comment after the hearing and were escorted out of the building by police officers.

Mr. Jackson's father and pastor testified on his behalf before Judge Bales set bond. Mr. Jackson has no prior criminal history.

"He's mild and meek," Edward Jackson Jr. said about his son. "He stays to himself."

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