JACKSONVILLE, Fla. — A Duval County woman’s attorney argued her criminal case should be thrown out, claiming self-defense in the murder of her girlfriend.
>>> STREAM ACTION NEWS JAX LIVE <<<
Action News Jax told you in July of last year, Shannon McCarthy, 45, was arrested and charged with second-degree murder. She is accused of killing her at-the-time girlfriend, Heather Sheppard.
Investigators found the 42-year-old mother’s body on McCarthy’s screened-in front porch.
Read: Homeowner charged with murder after woman’s body found on porch in Jacksonville’s Lakeshore area
Sheppard was last seen on June 29 of last year. Her family said when they didn’t hear from her, they reached to her partner, McCarthy.
McCarthy said Sheppard was “sick and still in bed,” according to an arrest report.
Family members said McCarthy wouldn’t let anyone come inside their home, despite a foul odor that both neighbors and family noticed coming from the screened in porch. In court, on Friday, family said McCarthy changed her story multiple times.
Read: Daughter says body found on Jacksonville porch was her missing mother
McCarthy’s attorney filed a ‘stand your ground’ motion, this week. It said the two were involved in “a lengthy argument.”
It went on to say, “Ms. Sheppard has been using drugs and was acting aggressively.” The court document added that Ms. Sheppard allegedly got within two feet of Ms. McCarthy with a shotgun pointed toward her. The two struggled and when McCarthy fell to the ground, she withdrew her pistol and shot Sheppard.
The document stated she was “reasonably believing and fearing she would be shot.”
[DOWNLOAD: Free Action News Jax app for alerts as news breaks]
McCarthy’s attorney argued that based on where the bullets were lodged in Sheppard’s body, it was clear that McCarthy was shooting from the ground, in a defensive position.
Sheppard’s daughter testified that her mother had never shot a gun, and she was terrified of firearms.
A judge will rule on whether to dismiss McCarthy’s charges based on self-defense on Sept. 17.
[SIGN UP: Action News Jax Daily Headlines Newsletter]
Click here to download the free Action News Jax news and weather apps, click here to download the Action News Jax Now app for your smart TV and click here to stream Action News Jax live.