The News Courier in Athens, Alabama

State and Nation

September 12, 2012

Trial starts for man who shot nephew

— A man on trial this week for fatally shooting his nephew in 2009 was angry about late truck payments not drunk driving, a prosecutor told jurors Monday.

Deputy District Attorney Jim Ayers Jr. made the claim during his opening statements in the trial of Keith Daniel George, 39, of 29064 First Ave. West in Ardmore. He is charged with murdering  Russell “Rusty” George Jr., 26, of Ardmore during a March 16, 2009, barbecue.

Authorities had said at the time of the shooting, Keith was trying to prevent Rusty from leaving the party intoxicated and an altercation occurred. Ayers countered that claim Monday.

Ayers said Keith was angry at Rusty because he had failed to make some payments on a Chevrolet S-10 truck. He said Keith did not want Rusty and his girlfriend to leave in the truck and when they attempted to do so, an argument ensued. At some point, Keith went to the bed of his own truck — which was parked next to Rusty’s — to get “his fighting stick.”

Ayers said Keith approached Rusty with the stick and Rusty took the stick away from Keith and threw it away from the area of the fight. Keith was somehow struck or scratched by the stick, Ayers said. Instead of walking away, Ayers said Keith went to the center console of his own truck, pulled a .45-caliber handgun from its holster, and returned to the area of the argument. Rusty saw the gun and tried to flee, Ayers said. Keith shot Rusty twice in the leg, and while he was down or nearly down, Keith fired a third bullet into his chest, Ayers said.

The prosecutor said an eyewitness will testify that Keith attempted to shoot Rusty a fourth time but he got the gun away from him.

“It was not a misunderstanding,” Ayers said of the shooting. “I submit to you, it was a murder,” he told jurors.

“It was not self-defense,” Ayers said. “ I submit to you, it was an attempt to kill.” He said physical evidence and eyewitness testimony will prove the case to the jury in the coming days.

Defense attorney Garry Clem will claim the shooting was self-defense.

The trial continues today in Limestone County Circuit Court before Judge James Woodroof Jr.

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