Chattanoogan Billy Forte testifies he feared his son, shot him in self-defense

Staff Photo La Shawn Pagán / Defense attorney Ben McGowan begins his direct examination on client Billy Norman Forte on the fourth day of his trial before Judge Barry Steelman on Thursday.
Staff Photo La Shawn Pagán / Defense attorney Ben McGowan begins his direct examination on client Billy Norman Forte on the fourth day of his trial before Judge Barry Steelman on Thursday.

Billy Forte took the stand in his own defense on Thursday, saying he acted in self-defense when killing his son.

Forte took the witness stand on day four of his murder trial and painted the picture of a father and adoptive son who had grown distant, in part due to the son's drug dealing and change in personality after serving prison time.

Billy Forte, 71 of Chattanooga, said he had become fearful of his son, Charles Forte, 42, also of Chattanooga, and thought he was reaching for a gun during an encounter on April 2, 2018, that saw the men argue over money and ended with Charles Forte's death.

The elder Forte is facing a charge of first-degree premeditated murder.

"I have to testify," Forte said on the stand. "They have made their decision based on half the truth. I have to tell my truth."

He added that he wanted his grandchildren to know why he killed their father.

"[He] was a very bright kid, very likable," Forte said about his son as a young boy. "He always was."

During his testimony, Forte began to tear up every time he spoke about his son's involvement with drugs. Charles Forte had an extensive criminal background that included possession of marijuana, possession OVERSET FOLLOWS:of a dangerous weapon and simple assault, along with a few traffic violations.

"I told his biological father, 'Man, he has such a great opportunity, it doesn't matter if he's a Forte or a Moore, he's a human being, and he has a great opportunity,'" Forte said.

He added that as Charles Forte began to get heavily involved with drugs, Billy Forte's other sons were of an impressionable age, and he asked Charles Forte to keep his drug dealings away from the house.

"Prison was hardening him. There was a distance growing between us," Forte said.

Forte also testified that once when the two men argued, Charles Forte brandished a pistol from his car but Billy Forte's now ex-wife stepped in to help de-escalate the situation.

Defense attorney Ben McGowan argued the younger Forte's extensive criminal record and his alleged volatile and abusive behavior towards his father caused his client to constantly be in fear for his life.

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State attorney Miriam Johnson noted that Charles Forte's multiple incarcerations were due to drug possession with the intent to distribute, and there was no foundation for McGowan's claims of self-defense.

"Why is that?" Steelman asked.

"Not all drug dealers go to jail, your honor," Johnson said.

McGowan further argued that Billy Forte was defending himself because he knew the victim owned a firearm.

"These are issues that are not only factually true, but influence the defendant about his state of fear," McGowan said.

State attorney Lee Ortwein countered that Billy Forte's actions were premeditated and that he was the one who came to the Eaves Formal Wear warehouse, at 910 Creekside Road off Amnicola Highway, twice on April 2, 2018.

Billy Forte testified that in his attempts to steer his son away from drugs and crime, he asked him to be a part of the family business with the condition that he take courses in business and accounting. However Billy Forte said he saw his efforts were in vain because Charles Forte was allegedly embezzling from the company.

Billy Forte had placed the company in a receivership, a level of bankruptcy that allows the owner to retain some control while a board of trustees monitors finances.

"It was a normal day," Forte said of April 2, 2018. "I told him that if he thought that the company owed him something, to let me know and I would take it to the trustees and that he'd get paid just like everyone else."

Billy Forte added that he asked his son to leave the premises and not come back.

"I was scared of him," Forte said. "Prison is hard to go through. It made him hard."

"I walked up to the customer desk, to see what they were doing on Quickbooks," Forte said. "I had [caught] them cooking the books."

According to Forte, Charles and Pearson were embezzling money.

"Why didn't you call the police?" McGowan asked during direct examination.

"I'm the type of person who will take care of my own business," Forte said. "I knew he had a gun, he always kept a gun in a box in the customer desk."

Forte stated he loaded the shotgun with a "dummy or dum-dum shot," a non-lethal round filled with rock salt and either five or six pellets that he made himself, and one live round.

"I come in the second time, and I have the shotgun," Forte said. "He looked up to see me and went up to the top drawer of the desk, and I told him, 'Man, I told you not to get into my Quickbook again.' I shot the dum-dum shot, and it went into the floor, and he reached for the drawer and I aimed for his chest, those were bird shots, they weren't going to kill him or anything."

When McGowan pointed out to Forte that there was no other weapon found at the crime scene, Forte said, "He should have called my bluff."

"People's actions don't change," Forte said. "He was going for his pistol."

"Did you shoot your son because he was stealing money from you?" McGowan asked.

"No," Forte said.

"Did you shoot your son because he was bullying you?" McGowan asked.

"No," Forte said.

"Why did you shoot your son?" McGowan asked.

"I shot my son because he was going to shoot me," Forte said.

Contact La Shawn Pagán at lpagan@timesfreepress.com or 423-757-6476. Follow her on Twitter @LaShawnPagan.

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