Aggravated assault charge upheld by appellate court

A Neshoba County man convicted of aggravated assault for shooting his neighbor had his 15-year sentence upheld by the Mississippi Court of Appeals in early February.

The man, Justin Brooks Hagan, and the victim— who is also his first cousin — Tyler Hancock, lived on adjourning rural property near Union.

According to court documents, Hagan and Hancock had a falling out six months prior over unpaid carpentry work, leading to a fistfight.

In May 2022, Hancock was bush hogging his property near Hagan’s when he heard “warning shots” from Hagan’s land. Hancock testified he had previously heard shots “going over his head” multiple times from Hagan’s property but continued working.

On his third pass, Hancock felt blood running down his face, realizing he was shot. He returned home, and his wife called law enforcement. At a Meridian hospital, doctors removed four birdshot pellets from his shoulder and chest—a fifth remained in his skull at trial.

Deputy Geral Willis detained Hagan, who admitted the weapon, a 12-gauge shotgun, was in his truck. Willis found the shotgun, an AK-47, a revolver, and spent shell casings in Hagan’s truck, plus additional casings near the property line, about 40 yards from where Hancock was shot.

Investigator Josh Jolly testified that Hagan claimed he shot at a blue jay, but later admitted he shot at Hancock to scare him, angered over the unpaid work. Hagan said he used size 7.5 birdshot, aiming over Hancock’s head.

When asked at trial where he would aim if he wanted to shoot someone about 40 yards away, Hagan said he would aim above his head, “because the bullets are going to drop.”

Jolly testified a shotgun with birdshot is “without a doubt a deadly weapon” and believed Hagan intended to kill or seriously injure Hancock.

Hancock’s wife, Michelle, testified that the night before, she saw her daughters driving home quickly, heard gunshots, and saw Hagan’s vehicle nearby.

Her daughter Madison said Hagan followed them from town, and after pulling into their driveway, she heard gunshots. She later testified that “this wasn’t the first incident where Hagan shot guns off and just caused harm.”

Hagan told Jolly he was “just shooting to scare whoever was coming by the house.”

On appeal, Hagan argued the trial court erred by denying a simple assault instruction, claiming the shotgun wasn’t a deadly weapon with birdshot and he didn’t intend to injure Hancock.

The Court of Appeals rejected this, finding no evidence of negligence to support simple assault. The court affirmed Hagan’s conviction and sentence for aggravated assault.