DUVAL COUNTY, Fla. — A Jacksonville woman charged with her girlfriend's murder wants her case dismissed based on the state's 'Stand Your Ground' law, according to a new court document.
Shannon McCarthy, 45, is currently charged with second-degree murder, tampering with evidence and written threats to kill or do bodily harm in the July 2023 shooting death of her girlfriend Heather Sheppard.
Sheppard had been missing since June 29, 2023 (officially reported missing to police July 3) before her remains were found by detectives six days later in an "advanced state of decomposition" outside of McCarthy's home on Colonial Avenue on Jacksonville's Westside. Police were at the home to investigate Sheppard's disappearance, McCarthy's arrest report states.
McCarthy was already facing charges from a reported battery against Sheppard in January 2023. She was out on bond on the battery charges, but her bond was revoked by a judge after Sheppard was found dead.
Neighbors nearby the house on Colonial Avenue reported smelling a "foul odor" before Sheppard's body was located. The house was the last place Sheppard was seen, according to a flyer posted on The Justice Coalition's Facebook page; see below.
Sheppard's family told First Coast News her phone was turned off, her credit cards were missing, a stained pair of shoes were found in McCarthy's home and that they found Sheppard's truck with a bullet hole in it.
McCarthy and Sheppard had been in a relationship together since approximately November 2022, according to McCarthy's January arrest report.
In the court document (a motion) filed by McCarthy's defense team, McCarthy wants "statutory immunity from criminal and civil liability" in the case, as she claims she was in a situation where Sheppard was "acting aggressively towards her in an argument, with a shotgun in her hands."
"Fearing for her safety, Ms. McCarthy attempted to wrestle the shotgun away from Ms. Sheppard," the document states. "During this struggle Ms. McCarthy was knocked to the ground and Ms. Sheppard fell backwards into a couch. Ms. Sheppard began to point the shotgun at Ms. McCarthy and Ms. McCarthy, still on the ground and reasonably believing and fearing she would be shot, withdrew her pistol and shot Ms. Sheppard several times."
McCarthy's defense says she was justified in the shooting by "self-defense" under the 'Stand Your Ground' law, while also mentioning Florida Statutes 776.012 and 776.013 as further justification for the 45-year-old accused killer.
A judge will hear arguments from the defense and prosecution in a Duval County court hearing Friday to then make a decision on the motion.