WBIR - Luttrell) At a
preliminary hearing Friday morning, a judge determined there was enough
evidence for a grand jury to consider first degree murder charges against a
Knox County School security officer accused of shooting his neighbor.
Kevin Lee Waggoner,
42, of Luttrell, was charged with one count of criminal homicide after his
neighbor, Michael Woodby, was shot and killed during a dispute between the two
men and Waggoner's son earlier this month. Investigators said there had been a
long history of disagreements between the two men.
The prosecution
argued in court that Waggoner's actions before the shooting were evidence that
he planned to kill Woodby.
Just days before the
shooting, Waggoner sent 10News and several other media outlets copies of
documents and videos, claiming he was the victim of harassment in an ongoing
feud between the neighbors.
Prosecutors say where
the shooting took place also raised suspicions.
"This shooting
was nothing short of an ambush, your honor. It occurred on the only place on
that roadway where there was no visibility for anybody to see what happened
besides Kevin Waggoner and [his son]," said Tracy Jenkins, Union County
Assistant District Attorney.
The defense, however,
argued that Waggoner shot Woodby in self-defense. They say he shot Woodby to
protect his son.
"The deceased in
the case struck the first blow. He had in his hand, admittedly, some portion of
a fence post and struck this man's son. Your honor, I contend that the only
thing he did was protect his son and protect himself," said defense
attorney Tommy K. Hindman.
The defense says the
feud started when Waggoner refused to sell Woodby a gun, because he was a
convicted felon.
The grand jury is set
to hear the case in October, but the defense expects it could be delayed
because they are still waiting on forensic evidence that may not be back in
time.
Waggoner's bail
remains at $250,000 dollars. During his original arraignment, a judge ruled
Waggoner cannot return home during his trial. Waggoner also is prohibited from
contacting any family member of Michael Woodby, cannot have a firearm in his
possession, and he cannot be with a person who has a firearm. Those provisions
were upheld in court Friday morning.
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