(TN) Judge rules shooting was self-defense 09-19-03


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WAGCEVP
September 20, 2003, 07:53 PM
(TN) Judge rules shooting was self-defense 09-19-03
Date: Sep 20, 2003 2:11 AM

http://www.hawkins.xtn.net/index.php?template=news.view.subscriber&table=news&newsid=103855

Manslaughter charge dismissed
By: Bill Grubb
Source: The Rogersville Review
09-19-2003
By Bill Grubb
Staff Writer wgrubb@xtn.net

A judge has determined a fatal shooting was self-defense and dismissed a
charge of voluntary manslaughter lodged against a Surgoinsville man.

Kenneth E. Hickman, 56, 117 Williams Lane, had been charged in
connection with the shooting death of David Robert Way, 35, 224 Main
Street, Surgoinsville.

According to authorities, the two men were once related through a
marriage that has since been dissolved.

Following a Wednesday preliminary hearing in Hawkins County General
Sessions Court Judge David Brand dismissed the charge against Hickman.

At the time of the shooting Hawkins County Sheriff Warren Rimer said
authorities had determined an ongoing dispute over an item of property
was apparently a factor in the shooting. The sheriff said alcohol may
have also played a role in the event.

According to a Hawkins County Sheriff's Department offense report, at
approximately 8 p.m. June 7 officers were dispatched to a disturbance at
Hickman's residence. While officers were responding to the scene,
Central Dispatch advised one of the subjects involved had been shot.

When officers arrived, they said they found the body of David Way laying
on the front porch of Hickman's residence.

Hickman told authorities Way came to his residence and the two men began
arguing.
Hickman alleged that while he and Way were arguing Way struck him in the
arm with a tire iron at which time Hickman retreated to the porch.

"Mr. Hickman advised that Mr. Way tried to come up onto the porch and he
pushed him off and when he tried to come back up onto the porch Mr.
Hickman advised that he shot him several times with a .22 caliber
handgun," the report stated.

The sheriff said Way had been shot six times.

During the preliminary hearing several witnesses who were at the Hickman
residence and a witness who had accompanied Way to the Hickman's home
corroborated Hickman's version of events.

According to Assistant District Attorney Doug Godbee, the case against
Hickman could still be presented to a grand jury but authorities have
yet to determine if they will pursue that option.

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