Update: Franklin Co. Man Charged With Murder Takes Stand In Defense


Hershel Graham

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RUSSELLVILLE, Ala. (WHNT) - The man accused of shooting and killing a Red Bay man took the stand Friday morning in his own defense.

For more than two hours, Hershel Graham explained to jurors he felt threatened while the victim allegedly attacked him.

Graham, 51, waived his Fifth Amendment right not to incriminate himself when he took the witness stand.

From the beginning of his testimony, Graham led jurors through the events that unfolded on November 3, 2011.

According to Hershel Graham, his son came into their home asking for his dad to come outside because a man was outside making threats.

Graham testified he placed a .22 caliber pistol in his pocket that he kept on his night stand and walked outside.

That's when Graham says he saw David Andrasik in the driveway, angry.

Graham told the jury Andrasik walked up to him and said, “I will see you in hell” and quickly got in his face.

According to the defendant, Andrasik shoved him several times.

Graham says he tried to get him to leave. And according to Graham, that's when he showed the pistol to Andrasik, hoping he would quit the attack.

Graham testified David Andrasik got back in his face and asked, “What are you going to do, shoot me?”

At which point, Graham says Andrasik shoved him again.  As he was falling backwards, Graham says he raised the gun and shot Andrasik.

During a tearful statement, Hershel Graham told jurors, “I never wanted anybody to die, never wanted him to die.”

The court recessed until Monday morning, at which time lawyers will present closing arguments.

Court officials say the jury should be able to start deliberations on Monday after lunch.

Read more of our coverage of Graham's trial.

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