Mary Maxine Neel is a free woman.
Lee County Circuit Court Judge John Denson overturned a jury’s guilty verdict Friday against Mary Maxine Neel of Smiths Station in the death of Glenn Hall, 50.
Defense attorney Philip Tyler of Auburn asked Denson to issue such an order in January. Tyler insisted Neel acted in self-defense when she shot Hall, her daughter’s estranged husband, in February 2006.
In the order, Denson finds that the state’s evidence was “completely insufficient” to refute self-defense or prove murder or manslaughter beyond a reasonable doubt. A Lee County jury found Neel guilty of murder in November 2008.
“The evidence is clear that this was a justifiable homicide,” Denson wrote.
According to the judge, “undisputed evidence” showed that Neel stood in the doorway of her home with a handgun pointed at Hall, and after repeated warnings to leave, Hall made a move toward Neel and she shot him. Neel’s daughter, Christy, had sought refugee at the home after getting a protection order against Hall.
The judge also writes that Hall was under the influence of cocaine when he was shot. Hall had previously admitted to an employee at Bradford Health Services his “homicidal thoughts” about Christy increased when he was using drugs.
“Furthermore, as stated, nothing was offered to contradict any of this evidence which clearly establishes the defendant acted in self-defense based on her reasonable belief that Christy’s life was in danger,” the order says.
Tyler said he talked to Neel Friday, and she took the news “extremely well.”
“We believe it was the totality of all the circumstances that led the judge to find that she did act in self-defense,” he said.
Assistant District Attorney Robbie Treese was unavailable for comment Friday.
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