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MURPHY — Prosecutors say a Georgia man was defending himself and his wife when he shot and killed a 24-year-old Cherokee County man on his property.
District Attorney Michael Bonfoey won't charge James Reeves McKinley, who lives near Atlanta and has a second home in Cherokee County.
Investigators believe McKinley shot Gregory Abernathy twice with an assault rifle after Abernathy tried to take the rifle from him and hit him in the head with his motorcycle helmet.
The confrontation started at 11:12 p.m. Oct. 24 when Abernathy and a friend rode an all-terrain vehicle under the locked gate on McKinley's private road in the Boiling Springs area.
Prosecutors in a statement Wednesday said McKinley fired shots in the air from his porch while his wife, Carolyn McKinley, called 911 to report trespassing.
The road and property were marked with “no trespassing” signs. The house is half a mile from Boiling Springs Road.
Abernathy and his passenger stopped the ATV after McKinley fired the shots. They continued and drove up the McKinleys' driveway, where they found James McKinley standing with his rife, authorities said.
McKinley backed away toward his house, according to prosecutors who said in the statement they reviewed the case with Cherokee County sheriff's investigators.
Abernathy stopped the ATV and jumped off, according to the statement.
He yelled at McKinley and walked toward him.
The McKinleys told Abernathy and his passenger to leave and warned them that they were on private property, authorities said.
Abernathy pushed McKinley and grabbed the barrel of his rifle in an attempt to take it from him. Abernathy hit McKinley in the head with his helmet during the struggle.
Abernathy lost his grip on the rifle, and McKinley shot him twice in his left side, prosecutors said.
Abernathy died in the driveway.
“If a person is not the aggressor and he is in his own home or on his own premises, he may stand his ground and repel force with force regardless of the character of the assault being made upon him,” according to the statement from the prosecutor's office.
“In this case the evidence is that James McKinley was defending his home, defending his wife and defending himself,” the statement read. “In such a situation criminal charges are not sustainable.”
The shooting sparked retaliation from the dead man's friends, Sheriff Keith Lovin has said.
James Douglas Millsaps, 46, of Walnut Cove Road, is charged with arson, accused of setting a fire that burned McKinley's home four days after he shot Abernathy.
Millsaps also is charged with conspiracy to commit murder, along with 17-year-old Dallas Dwayne Carringer, in connection with the fire.
McKinley and his wife, who are both retired and in their mid-50s, were not at home when the fire was set.
Abernathy worked as a carpenter, according to his obituary.
He was a native of Cherokee County and the son of Irene Abernathy, of Murphy.
District Attorney Michael Bonfoey won't charge James Reeves McKinley, who lives near Atlanta and has a second home in Cherokee County.
Investigators believe McKinley shot Gregory Abernathy twice with an assault rifle after Abernathy tried to take the rifle from him and hit him in the head with his motorcycle helmet.
The confrontation started at 11:12 p.m. Oct. 24 when Abernathy and a friend rode an all-terrain vehicle under the locked gate on McKinley's private road in the Boiling Springs area.
Prosecutors in a statement Wednesday said McKinley fired shots in the air from his porch while his wife, Carolyn McKinley, called 911 to report trespassing.
The road and property were marked with “no trespassing” signs. The house is half a mile from Boiling Springs Road.
Abernathy and his passenger stopped the ATV after McKinley fired the shots. They continued and drove up the McKinleys' driveway, where they found James McKinley standing with his rife, authorities said.
McKinley backed away toward his house, according to prosecutors who said in the statement they reviewed the case with Cherokee County sheriff's investigators.
Abernathy stopped the ATV and jumped off, according to the statement.
He yelled at McKinley and walked toward him.
The McKinleys told Abernathy and his passenger to leave and warned them that they were on private property, authorities said.
Abernathy pushed McKinley and grabbed the barrel of his rifle in an attempt to take it from him. Abernathy hit McKinley in the head with his helmet during the struggle.
Abernathy lost his grip on the rifle, and McKinley shot him twice in his left side, prosecutors said.
Abernathy died in the driveway.
“If a person is not the aggressor and he is in his own home or on his own premises, he may stand his ground and repel force with force regardless of the character of the assault being made upon him,” according to the statement from the prosecutor's office.
“In this case the evidence is that James McKinley was defending his home, defending his wife and defending himself,” the statement read. “In such a situation criminal charges are not sustainable.”
The shooting sparked retaliation from the dead man's friends, Sheriff Keith Lovin has said.
James Douglas Millsaps, 46, of Walnut Cove Road, is charged with arson, accused of setting a fire that burned McKinley's home four days after he shot Abernathy.
Millsaps also is charged with conspiracy to commit murder, along with 17-year-old Dallas Dwayne Carringer, in connection with the fire.
McKinley and his wife, who are both retired and in their mid-50s, were not at home when the fire was set.
Abernathy worked as a carpenter, according to his obituary.
He was a native of Cherokee County and the son of Irene Abernathy, of Murphy.
