Noah McGlawn

Jurors in the trial of Noah McGlawn, a Tennessee man charged with attempted murder, declared the man guilty of first-degree assault after hearing closing arguments in the case Monday morning. 

McGlawn, 24, of Whiteville, Tennessee, will be sentenced April 17.

He was taken back to Limestone County Jail in lieu of a $10,000 bond. 

McGlawn shot Brandon Matlock, 27, of Athens as he rode his motorcycle along U.S. 72 in Athens on Sept. 10, 2012.

Matlock testified last week McGlawn shot him twice as the two drove west on 72 near Mooresville Road. Matlock, who was in the inside westbound lane, said the first shot entered and exited his right arm, so he slowed his motorcycle. McGlawn, who was in the outside westbound lane, then slowed his SUV and fired again at Matlock, striking him in the back. The bullet had to be surgically removed.

Prosecution’s closing

In his closing statement, Limestone County District Attorney Brian Jones pointed out McGlawn told Athens Police Investigator Chris Slaton after the shooting he was angry with his father because his father wanted him to go to trade school in Tennessee. McGlawn had attended the school for a week but did not like it.

McGlawn skipped school the day of the shooting, loaded a .22-caliber pistol, put it in his backpack along with additional ammunition, and took off in his mother’s green SUV. Jones said McGlawn drove all over Tennessee and Alabama, looking for someone to shoot. Tuten said McGlawn told investigators he didn’t want to shoot a woman or child but, rather, a man in a truck or a sports car. Matlock became his target when he saw him on 72.

Under Alabama law, a person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he does any overt act towards the commission of such offense. Jones said McGlawn’s act of putting a loaded gun into a backpack, driving to Alabama, searching up and down 72 for a potential victim, releasing the gun’s safety, aiming at Matlock and then firing at him shows his actions were overt and his intent was to kill. He said the fact McGlawn chose a gun, rather than some other weapon, showed intent to kill. Also, the fact McGlawn fired one shot then slowed down, took aim and shot Matlock again showed intent to kill.

“There is only one result in this case, and that is guilty of attempted murder,” Jones told jurors.

During the trial, Dr. Glen King testified for the prosecution that McGLawn did not suffer from autism spectrum disorder but, possibly, Asperger’s syndrome. The doctor did not believe his condition was severe.

Attempted murder is a Class A felony punishable by 20 years to life in prison when a deadly weapon such as a firearm is used.

Defense’s closing

Defense attorney Patrick Tuten argued in his closing McGlawn should not be held accountable for shooting Matlock because he had autism spectrum disorder that had never been diagnosed or treated. Three weeks before the shooting, McGlawn’s father, Mac, had spoken to a family doctor who thought McGlawn might be autistic and ordered a psychological evaluation. McGlawn’s parents had never sought an evaluation before and had mainly home-schooled their child.

After the shooting, Dr. Mark Cunningham, a defense witness, evaluated McGlawn and said he was autistic and that his condition was severe. As a result, Tuten said, McGlawn did not appreciate the nature and quality nor the wrongfulness of his acts.

To find attempted murder, Tuten said jurors must find McGlawn had a specific intent to kill. He said it was Investigator Chris Slaton and not McGlawn who suggested during McGlawn’s videotaped police interview McGlawn intended to kill Matlock because he was angry about trade school. Noah had said only that he was angry about trade school and just felt like shooting someone.

Tuten told jurors they could not find McGlawn guilty of attempted murder but they might find him guilty of first-degree or second-degree assault.

To find first-degree assault, Tuten told jurors they would have to find McGlawn intended to and caused serious physical injury or that he recklessly engaged in conduct that created a grave risk of death to another and that the conduct caused serious physical injury. Tuten pointed out that retired trooper Gary Fox had testified he had heard the gunshots the day of the shooting as well as Matlock say he had been hit. Fox testified he knew Matlock’s injuries were not life-threatening once he saw him. Tuten also said one of the emergency medical workers who arrived at the scene asked Matlock if he wanted to be taken to the hospital by ambulance or by MedFlight helicopter, which he said showed Matlock’s injuries were not life-threatening.

Under state law, a person found guilty of first-degree assault, a Class B felony, with a firearm is subject to a minimum of 10 years and a maximum of 20 years in prison.