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March 13, 2010

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Five years probation for 2008 shooting

Published: 9:29 AM, 06/22/2009 Last updated: 9:30 AM, 06/22/2009
 

Author: Mary E. Hinds

John Kenneth Harvey, 26, of Lenoir City, will receive five years probation for the shooting death of Savannah Cass McMahan in February 2008.

Harvey was charged with second-degree murder in the incident after he admitted shooting and killing McMahan during a domestic argument, according to authorities. McMahan was 21-years-old at the time. 

According to the arrest report made by Loudon County deputies, Harvey shot McMahan following what officers called an ongoing domestic dispute. The arrest report further states the couple had had an argument earlier that day after which Harvey left the couple's residence at 8015 Town Creek Road in Lenoir City. 

The report also said after Harvey returned to the residence the couple began to argue again and "based on the evidence from the scene and statements made by John Kenneth Harvey, Mr. Harvey retrieved a .22 caliber handgun and discharged one round which stuck Savannah Cass McMahan in the left abdomen." McMahan was taken to Fort Loudoun Emergency Room where she died from her injuries. 

Prosecutors reportedly agreed to reduce the charge to reckless homicide and to supervised probation after reviewing the evidence in the case.

According to officials, Harvey admits he was arguing with McMahan at the time the shooting occurred, but claimed he intended to kill himself. 

He said the gun went off accidently when the round hit McMahon. 

Detective Charles Cosner of the Loudon County Sheriff's Department said the accidental shooting theory was questionable because the revolver used in the incident had to be manipulated before it would fire. 

"They have to cock it," Cosner confirmed.

Nathaniel Lane, who was living with the couple when the shooting occurred, initially told investigators he was in bed asleep and didn't have any idea what had happened. 

During the investigation that followed Lane recanted his previous statement saying the victim was declaring her love for Harvey and saying she knew he didn't mean to do it even as she lay bleeding on the floor. 

Cosner had no explanation for the change in Lane's statement. 

"I never interviewed him the second time," Cosner said adding he thought the district attorney's office had conducted the second interview. 

Cosner also confirmed there were drugs and drug paraphernalia found in the house when police arrived to investigate the shooting.  He also confirmed the defense had hired an expert to examine the evidence independently. 

Cosner said he was somewhat surprised by the decision to reduce the charges. "I though we would have a trial," he said expressing sympathy for the victims' family.

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