MAYNARDVILLE, Tenn. (WVLT) -- Kevin Waggoner sent a package with video and a written plea for help to officers and media outlets just days before his neighbor, Michael Woodby, was shot dead.
The Waggoner and Woodby families argued for years. Woodby's wife, Theresa Woodby, said Waggoner and his son, Kolton, videotaped her grandson and threatened her family with guns. She called the cops hundreds of times, but no charges were ever filed. Last Monday, she heard gunshots around 10 PM.
"Boom, Boom. Boom Boom. I didn't think much of it because they do that to me every time I walk out the door just to scare me," Theresa Woodby told the courtroom.
But this was more than a scare. Waggoner told officers Woodby hit his son in the head with a piece of fence, so he fired at him from across the street and calmly said Woodby's body was down the road near the ditch. He told them it was self defense, but the state says that doesn't add up.
"The defendant's own story says he's standing on this side of the roadway, which by detective Johnson's testimony is lower than the side of roadway where the victim's body was found and the victim is taller than him. The angle of the shots is down," said assistant district attorney Tracy Jenkins.
Waggoner's attorney said Kevin Waggoner was just confused about which side of the road was north and which was south.
"I would contend to you that it's perfectly reasonable to believe that switching north and south would make this a completely consistant statement with all of the physical findings that you find today," said Waggoner's attorney Tommy Hindman.
The state said Waggoner planned the whole thing and sent the packet with video and a plea to help to the media and authorities to make his self defense claim stronger.
After hearing the evidence, the judge upgraded Waggoner's charge from criminal homicide to first degree murder. A grand jury will determine if there's enough evidence to indict him on that charge. There's no set timeline for that yet, but Hindman said it probably won't be until January because they're still waiting for toxicology and ballistics reports.
Waggoner is being held on $250,000 bond.