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Freed Wilson man: I thought the justice system would protect me

Posted February 24, 2013

— A Wilson man who spent six years in a Georgia prison for a shooting he maintains was self-defense says he feels failed by a justice system that should have protected him.

"I thought I did what was right by the law, and I thought the judicial system would protect you if you did something similar to what I did," said John McNeil, who returned to Wilson Feb. 13 after pleading guilty to voluntary manslaughter in the Dec. 2005 shooting of Brian Epp.

"You get angry. You get mad. You get upset. But through time, time heals everything," he said. "It’s an emotional time for me, having been put in a predicament or situation like this. I don’t think there really are words to explain how I feel or what I went through. I can tell the story, people can read the story, but you actually don’t know until you walk in my shoes."

McNeil has never denied the shooting, but says he was protecting himself and his family.

McNeil said his son called to say that Epp, armed with a box cutter, was threatening to kill him at the McNeils' home in an upscale Atlanta suburb. When Epp refused to leave his property, McNeil said he fired a warning shot.

Then Epp came toward him. The second shot was lethal.

"I feel I was justified in what I did. I protected my son and protected myself," McNeil said.

After hours of interrogation and interviews with McNeil's son and an eyewitness, investigators ruled the shooting self-defense and took McNeil home. 

But, nine months later, McNeil was indicted on a murder charge. To his surprise, he was convicted.

"The jury, they kept asking a lot of questions. They weren't even sure," he said. "I don't think that they were even aware it was self-defense. The reading of what the law says and what the law actually means ... I don't even think they truly understood what was at hand."

McNeil was sentenced to life in prison, an injustice he says he still struggles to put into words. 

"For my close friends that I depended on and depend on even to this day, I had to think of them, because even though I was in there and they were free, my spirit also let me know that they were in there with me," he said. "To be in there on the days that weren’t so good and my emotions were down and my spirit was down, I fed off of their energy. I fed off of their spirit.

"When you're in a place and you know without a shadow of a doubt that you shouldn't be there ... the only thing you can do is just pray daily that one day the doors will open." 

It took six years for those prayers to be answered.

Exclusive: Freed Wilson man talks loss, injustice Web-only: Freed Wilson man talks loss, injustice

In September, thanks to the tireless efforts of McNeil's wife, Anita, and intervention from NAACP leaders in Georgia and North Carolina, a judge ruled that McNeil was entitled to a new trial, in part because  the jury was not properly instructed on a person's right to use force to defend himself, his home or another person from violent attack.

But time was running out. Anita McNeil wasn't just fighting for her husband's freedom, she was fighting for her life. Breast cancer, exacerbated by the stress of the case against her husband, had weakened her and the cancer was spreading to her bones.

"This was a stressful, stressful situation. Our lives changed dramatically," McNeil said. "She needed me there ... whatever it took to get there, to be by her side, I was willing to do it."

That meant pleading guilty to a lesser charge.

"Not to say that we believed in it ... (but) we considered the deal predicated on me getting there and me getting out," McNeil said. "Because she needed me more and my sons needed me more than I needed to be inside a place that I was wrongly convicted and wrongly thrown into a prison."

The deal didn't pan out in time. Anita McNeil died on Feb. 2.

"My wife, she's a beautiful soul. She has touched a lot of people and she stood for something. She cared about people. She cared about me," he said. "I felt like I lost everything and at that point, I said, 'God, you've got to do this because I can't do it anymore.'"

Ten days later, McNeil pleaded guilty to voluntary manslaughter to end an appeal pending before the Georgia Supreme Court. He was sentenced to 20 years and was given seven years credit for time served. He will serve the remaining 13 years on probation in Wilson with his family.

"The day that I actually stood before the judge to say I was guilty, it was a sensation that ran through me that I can't even describe," he said. 

The NAACP has pledged to keep fighting until McNeil is fully exonerated. In the meantime, he's focused on a promise he made to his wife – to rebuild a life for himself and his two sons.

"She said she'll be looking down, if it was that she would leave before I go out," he said. "She'll be looking down upon me and my sons and we'll make her proud."


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  • dbeasle Feb 26, 2013

    Read the laws so that you are aware of what you can and cannot do. It is a shame that people are arming themselves with handguns and obtaining concealed carry permits so that they have protection legally. Before long it will take a year to obtain a concealed carry permit due to so many applying for them. This man was justified in his actions - he just made some statements on the 911 call he should not have made.

  • Lightfoot3 Feb 26, 2013

    "Had I been on Mr. McNeil's jury, a mistrial would have been declared because I would have hung that jury up." - mountainlover

    Me too! Either that, or talk some sense into them.

  • soyousay Feb 25, 2013

    He played the race card too late.....

    really. Not really surprising that some would get around to such an inane and insipid comment. Did you even read what happened. By the way, as someone noted, boxcutters slit the throats and butchered crew and passangers prior to taking over the planes in 9/11 but why confuse you

  • mountainlover Feb 25, 2013

    jjlbur: I would say that deadly force IS necessary if someone is coming toward you with a box cutter and gets close enough that he touches the clothing of the person who fired a weapon when he fell. Let me put it this way: Had I been on Mr. McNeil's jury, a mistrial would have been declared because I would have hung that jury up.

    Some of these states that you mention have ridiculous laws that favor the criminal. For example, in NC, if there are two doors in your home and you encounter an intruder you must go out another door if you can. Why? So you can get shot in the back after you recognize him? If I should retire in your state, my home will have ONE door.

  • jjlbur Feb 25, 2013

    Some states, like Texas, have a more open interpretation to justifiable deadly force. Texas law states, “A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.” Though every state details either “imminent” or “immediate” death or serious bodily injury, some states require you to provide more reasons other than just an imminent danger to your life or body. California, Colorado, District of Columbia, Idaho, Maryland, Massachusetts, North Carolina, North Dakota, and Rhode Island all state that you cannot use more force than necessary. Meaning if you could have defended yourself any other way than deadly force would not be justified.

  • Brian Jenkins Feb 25, 2013

    Dont think a box cutter is dangerous enough to have to use a gun and kill the man. He used excessive force.
    February 25, 2013 3:29 p.m.

    So what happened on 9/11?

  • mountainlover Feb 25, 2013

    superman: You better think again. When Mr. McNeil fired the second shot Mr. Epp was close enough to him that he brushed up against him when he fell. Perhaps you would feel comfortable with a box cutter held that close to you; however, I think that the rest of us believe that a box cutter that close constitutes a lethal weapon.

  • superman Feb 25, 2013

    He played the race card too late. After all he did kill the guy. Dont think a box cutter is dangerous enough to have to use a gun and kill the man. He used excessive force.

  • Supie Feb 25, 2013

    shocking story. Soooo sorry it happened. May everlasting peace comfort all who are involved.

  • dollibug Feb 25, 2013

    ****justice system only protects the guilty

    OMG****yep, I would indeed agree 100%.