Over the weekend, Anita McNeil, wife of John McNeil, died of breast cancer. While this horrible disease strikes many, the death of Mrs. McNeil is especially tragic.
You see, John McNeil was convicted of second degree murder in Georgia after a self-defense shooting at his home. He shot an armed man who was charging his door and had threatened his son. He fired a warning shot into the ground but the man kept charging. Mr. McNeil shot and killed him. This was in December of 2005. In April of 2006, a Castle Doctrine law was enacted in Georgia that would have made the shooting a clear case of self-defense. Mr. McNeil was free for 270 days, cleared by police detectives when a district attorney decided to charge him with second degree murder.
Aside from the fact that the Castle Doctrine did not become law until mid-2006, a reading of the events leading up to the shooting certainly seems to favor Mr. McNeil. Even if he was found somehow negligent, his eventual conviction and life sentence (true!) seems incredible. So, what happened? Was this the result of an over-zealous prosecutor? There is one missing fact here. Mr. McNeil is black and the man he shot was white. Is it possible that race was an issue? Since Georgia has such a great history of excellent race relations (tongue firmly in cheek), it might seem unlikely but the jury was never told that they could consider self-defense as a mitigating circumstance. In fact, this was the basis of one of Mr. McNeil's appeals. It was on this argument that a local judge ruled that the trial was flawed and that Mr. McNeil should be freed.
Alas, Mr. McNeil was not freed. Rather Sam Olens, Georgia's white State Attorney General, filed an appeal of the appeal and left Mr. McNeil incarcerated. Were Mr. Olens's actions racially motivated? A look at his record suggests that his actions were not racially motivated but the stain of Georgia's history in the last century makes such action suspect. He could have let Mr. McNeil be freed and then re-tried the case. Rather he chose to let a miscarriage of justice prevail. He cites the evidence of a long-running dispute between the parties but that does not erase the fact that McNeil shot a charging attacker on his own property in fear of his life.
There is no doubt in my mind that a white John McNeil would not have been sentenced to life in prison. If he had been tried and convicted, a lesser sentence would have been imposed. Also, the fact that the Castle Doctrine came into effect within six months of the shooting should have argued against prosecution.
The law should be evenly enforced. The Castle Doctrine, where it is law, should be considered. In states where it is not law, it is often part of the common law of the state. Sure, McNeil had a running dispute with his attacker but he did not shoot before the attacker had been told to leave at least twice and not until the man charged him. This was a clear case of self-defense and Sam Olens's actions in opposing McNeil's release appear to be undue prosecutorial zeal or racism.
Please write to Mr. Olens and the Governor of Georgia asking them if their motives are true. He can be reached at:
Office of the Attorney General
40 Capital Square, SW
Atlanta Georgia 30334
He also has a campaign site since he is preparing for his next election race. That might be an even better place to contact him. In my opinion, he has reached his level of incompetence and is not qualified for further public office.
Sam Olens
Campaign Office
57 Waddell Street
Marietta, Georgia 30060
Sending a quick note to the Georgia Republican Party, The Republican National Committee, and the NRA might also be helpful. This guy does not belong in public office and is a stain on all Republicans.
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