A defense attorney for a Sharpsburg

man accused of murdering a Fayetteville woman in what has been termed

a road rage incident May 10 tried to place the blame on the victim during

a court hearing Tuesday afternoon.

Magistrate James A. White called

the evidence for a murder charge "thin," but ruled there was

enough probable cause for the murder charge to stand against Paul Samuel

Garner Jr., 32, for the death of Kera Nicole Koon. Garner is also charged

with two counts of aggravated assault and one count of obstructing a law

enforcement officer; White dismissed a charge of vehicular homicide, however.

Garner's attorney, Lee Sexton,

pointed to evidence that Kera Nicole Koon, 21, Fayetteville, had consumed

alcohol and smoked marijuana before she weaved in and out of traffic on

Ga. Highway 54 at a high speed in her Chevy Blazer. He also faulted Koon

for "tailgating" Garner's truck after he passed her.

Sexton also said Garner tapped

on the brakes only so he could slow down to turn on Tyrone Road and that

the two vehicles never collided.

"There is no evidence

of him slamming on his brakes," Sexton said.

But Assistant District Attorney

Dan Hiatt countered that witnesses said Garner tapped on the brakes well

before he was near the intersection with Tyrone Road. Garner used his

truck "as a deadly weapon," Hiatt added.

Hiatt argued that Garner assaulted

Koon by tapping on his brakes, which caused her to lose control of her

vehicle. Garner impeded Koon from passing his vehicle on several attempts,

Hiatt added.

Fayette County Sheriff's detective

Capt. Mike Hattaway said Garner came to the sheriff's department about

five hours after the accident and voluntarily spoke with detectives. This

happened after detectives began executing a search warrant at Garner's

home based on tag information that was reported by a witness to the accident,

an off-duty police officer, Hattaway said.

It also happened after Garner

passed the accident scene a second time in a vehicle driven by another

person, Hattaway said.

Garner told detectives that

he didn't stop either time "because he was scared."

Hattaway said he was told Garner

admitted to speeding up to "catch" Koon's vehicle after she

cut his vehicle off. Garner said he got in front of her and "just

tapped" the brakes," Hattaway said.

Although the interview with

Garner was recorded by detectives, another member of the sheriff's department

accidentally recorded over the same tape, Hattaway said.

Detectives also interviewed

the passenger in Koon's vehicle who survived the accident, Hattaway said.

Michael Thomas said he and Koon were scared of Garner after he tried to

catch up to the Chevy Blazer she was driving.

Thomas also admitted that Koon

drank alcohol and smoked marijuana earlier in the day, Hattaway said.

Witnesses said Koon was passing

vehicles at a high rate of speed before the accident, Hattaway said.

Hattaway admitted that Koon

"could have" been under the influence of drugs or alcohol when

she was driving, but the toxicology results from the state crime lab have

not been completed yet.

When Sexton asked Hattaway

if Garner might have tapped on his brakes to get Koon to back off, Hattaway

replied, "I don't believe he should use his vehicle as a traffic

control device."

Sexton later asked White to

dismiss the murder and aggravated assault charges for lack of probable

cause, but White declined.

White said the evidence for

the murder charge was "thin" but a jury might or might not be

convinced to find him guilty.

Whether Garner used his vehicle

as a weapon is a question for a jury to decide, White said.

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