Newspaper article News Sentinel

Son to Be Witness in Fatal Feud ; Man Charged with Killing Neighbor

Newspaper article News Sentinel

Son to Be Witness in Fatal Feud ; Man Charged with Killing Neighbor

Article excerpt

MAYNARDVILLE -- Once labeled his father's accomplice in the fatal shooting of a neighbor, a 24-year-old Union County man now will be a witness against him.

How much of a willing witness Kolton Waggoner will be against his father, former Knox County Schools security officer Kevin Lee Waggoner, remains to be seen.

Kevin Waggoner will stand trial next month for the second time on a charge of second-degree murder in the September 2013 shooting death of neighbor and nemesis Michael Woodby, 45. The shooting came after a yearslong feud and a history by the entire Waggoner family, including Kolton Waggoner, of recording the Woodby family and previous neighbors on video.

Kolton Waggoner was originally charged as a facilitator of the killing and is, besides his father, the only surviving eyewitness of what took place on the night Woodby was killed. But prosecutors unexpectedly dropped the charges and now want the son to be a witness for the state.

Kolton Waggoner's attorney, Michael DeBusk, and his father's attorney, Scott Lanzon, balked at the move at a hearing Thursday in Union County Criminal Court.

DeBusk said prosecutors Graham Wilson and Tyler Hurst were setting Kolton Waggoner up by forcing him to give answers under oath that might incriminate him and then resurrecting the case against him. The defense asked that he be granted immunity.

Prosecutors won't grant that immunity, although Wilson told 8th Judicial District Criminal Court Judge Shayne Sexton the state doesn't have enough evidence to support a facilitation charge against Kolton Waggoner and has no proof the then-20-year-old son played any role in the killing. …

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