NYT: No spotlight on Ga. killing

lMr. Neesmith’s first shots were fired while he was on the floor, according to investigators. One bullet hit the ceiling and the other hit Justin Patterson. Then, as the two ran, Mr. Neesmith went to the porch and fired two more shots. He called a friend, a bail bondsman, who told him to call the police.

Mr. Neesmith said he fired the extra shots as a warning. “Those boys could have come back and killed me in my own bed,” he said.

District Attorney Hayward Altman said he presented the more serious charges to the grand jury because he did not know exactly what he was dealing with. It is easier to reduce charges than add more, he said. And it seemed that a more serious crime had been committed.

“There was no weapon in their hand,” Mr. Altman said in early court documents. That they ran was understandable. It was, he said, “a normal reaction for young men under those circumstances.”



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As the case unfolded, however, circumstances became clearer. The other girl in the trailer was 14, though she had told the men she was 18. Mr. Neesmith’s lawyers pointed out that a statutory rape charge could be bought. So could drug charges.

The shots off the porch were something someone in the country might do to make sure the intruders did not come back, Mr. Altman said. Mr. Neesmith, who has a chronic nerve condition in his right arm and hand as well as other health problems, had been woken up in the middle of the night. He was not thinking clearly, Mr. Altman said; he had no record, and by all accounts was a good man.

Moreover, Mr. Altman said in a recent interview in his office, “I couldn’t see that I could find a jury that would convict.” Most people in a rural area with a high percentage of gun ownership would most likely accept that the fatal shot was in self-defense, he said.

“It might not feel fair for the family, and I am sorry for their loss,” he said. “But this is not at all like the case in Florida, other than they are both tragedies.”

At Justin Patterson’s grave, his mother shakes her head. She visited with her son’s preschool-age daughter, whom the Pattersons, though divorced, are helping to raise.



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She says things simply do not add up. What made the district attorney change course? And how could her son, who was not even 5-foot-7 and perhaps 120 pounds, be such a threat to Mr. Neesmith, who is 6-foot-2 and 240 pounds?

“If he had just asked them to get out of his house, they would have,” she said. “They are mannerable boys. He took a life he didn’t have to take.”

Julius Patterson, who works maintaining soda vending machines, sees Mr. Neesmith around town. “At the end of the day, really we wouldn’t have gotten a fair trial because everyone knows him,” he said.

Sha’von Patterson is so troubled he can barely speak about the shooting. His older brother was watching out for him to the end, just as his mother had told him to all his life. His death changed everything.

“It made me grow up and realize you can leave this earth anytime,” he said.

Justin Patterson, whom friends recalled as quiet, charming and a great basketball player, had a tattoo on his right arm that read, “I am who I am.” In his brother’s memory, Sha’von Patterson and several of Justin’s friends got tattoos.

Jay Sneed, 22, who went to kindergarten with Justin and was one of his closest friends, is one of them. “Everything down here is just real bad when it comes to situations like this,” he said. “This is not where you come to find justice.”

Copyright © 2012 The New York Times

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