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Jury must decide whether Nashville man is a good Samaritan or murderer

(Court TV) -- There is no disputing that local businessman Wayne Martin shot and killed a homeless robbery suspect.

Beginning on Monday, a jury must decide whether Martin is a good Samaritan or a murderer.

The case has upset many of Nashville's residents and police officers who believe Martin is a hero for chasing and killing Michael Swilley after he had tried to rob a flower shop owner at knifepoint.

Partly because of the attention the case has received, state Sen. Steve Cohen introduced legislation that would have allowed citizens to use deadly force, even if it is not out of self-defense, to catch a criminal immediately after a crime. The bill was not passed.

On March 30, 2001, Swilley, 44, entered Paulette King's flower shop on Murfreesboro Road in Nashville, robbed King and dragged her at knifepoint to the back of the shop.

Swilley told King that he was going to "take her to the back and cut her f****** throat," according to defense attorney Tom Nebel.

As Swilley forced King to the back, Martin, a 55-year-old owner of a barber shop adjacent to King's shop, heard sounds of distress coming through a screen door that separates the two shops. Martin then shouted King's name, causing a startled Swilley to quickly exit the store. Seconds later, Martin entered the flower shop, only to hear King say that "he [Swilley] threatened to kill me."

Martin and his 34-year-old son Dwayne, who worked at his father's shop, then chased Swilley in their Ford Explorer.

When they cornered Swilley in a car dealership's parking lot nearly 300 yards from King's shop, Martin got out of the car and reportedly yelled at Swilley to "get on the ground." Under Tennessee law, a person has the right to pursue someone who has committed a crime and then make a citizen's arrest.

Instead of dropping to the ground, the defense contends that Swilley cursed and threatened Martin before running toward him with a knife. Martin, who was allegedly cut in the altercation, then shot Swilley in self-defense. The autopsy concluded that Swilley was struck once in the left part of his back and once in the left part of the chest.

Martin, who served as a deacon in his church, and Swilley were reportedly less than 10 feet from each other at the time of the shooting.

Police at the scene ruled the shooting as justifiable homicide and gave Martin a pamphlet for victim's intervention counseling.

But several eyewitnesses soon informed authorities that Swilley, who at 6 feet 4 inches tall and 240 pounds is four inches taller and 80 pounds heavier than Martin, was actually backing up and saying, "Don't shoot" when he was shot.

Four months after Swilley's death, authorities determined the shooting was unjustified and charged Martin with second-degree murder.

Martin, whose only prior conviction was for disorderly conduct for setting off fireworks on the Fourth of July some 15 years ago, proclaims his innocence on his Web site. He is free on $10,000 bond. If convicted of second-degree murder, he faces 15 to 25 years in prison.

One of the major issues at the trial will be the location of Martin's gun when he began shouting at Swilley. The defense says Martin's gun was in his back pocket, indicating that he did not intend to fire at Swilley. The prosecution alleges that Martin held the gun in his hand as soon as he left his Ford Explorer.

Martin has a permit to carry a gun and keeps it in his car for self-protection when he goes to the bank, which is in a "rough neighborhood," according to Nebel.

Nebel said this was not the first time Swilley was in the neighborhood.

"Several days prior to the alleged incident, he had been forceful in bumming money off residents of the community," he said. "Many people referred to him as looking like a 'threatening character.'"

Swilley has a long criminal record, which includes assault, sexual assault, and drug possession.