Murder trial set for April 1Published 6:01am Saturday, March 23, 2013
RED BAY – The trial of a Red Bay man accused of murder is set to begin the first week in April, courthouse officials said.
Herschel Dale Graham, 51, 806A 10th St. NE, Red Bay, is charged with murder in the Nov. 3, 2011, shooting death of 42-year-old David Andrasik, of Franklin 11 North in Red Bay.
Graham was not immediately charged with murder claiming he acted in self defense, but we was officially indicted on the murder charge by the January 2012 grand jury.
According to Red Bay Police Chief Janna Jackson, the shooting was reportedly the result of an altercation that took place on Graham’s property between Andrasik, Graham and Graham’s 17-year-old son.
Reports stated that Andrasik was driving his vehicle by Graham’s residence about 5:30 p.m. on Nov. 3, 2011, when he got out of his vehicle and got into an argument with Graham’s son.
According to witness accounts, Andrasik and the juvenile continued the argument into Graham’s backyard where Graham reportedly fired the fatal shot.
Reports stated that Graham told authorities he was in fear for his life and the life of his son and that’s why he fired the shot that authorities said struck Andrasik in the chest.
Jackson said a .22 caliber pistol was found at the scene.
Andrasik was transferred to Red Bay Hospital where he died at 6 p.m. as a result of the gunshot wound.
Jackson said the reason Graham was not immediately charged in Andrasik’s death was due to the fact that the shooting occurred on Graham’s property and he claimed self-defense.
Jackson said the case was turned over to the Franklin County District Attorney’s Office to be presented to the January grand jury.
By issuing an indictment, grand jurors felt there was enough evidence present in the case to have it move to the Circuit Court and be set for trial.
Jackson said Graham voluntarily turned himself in to authorities after learning about the indictment.
District Attorney Joey Rushing said a jury will be struck in the case on April 1 and the trial was set to begin April 2 in Circuit Judge Terry Dempsey’s courtroom.
If convicted of the murder charge, Graham could face anywhere from 10 years up to life in prison.