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Man faces attempted second-degree murder charge in Sunday Poga shooting

John Thompson • Mar 11, 2019 at 5:25 PM

ELIZABETHTON — A man who had been arrested following an early morning shooting in Poga on Sunday had his first appearance in court Monday.

Claude Harvey Banner, 51, 643 Poga Road, Butler, was arraigned on a charge of attempted second-degree murder in the shooting of Marvin Clawson. Clawson was reported to have suffered a single .45 caliber gunshot wound to the right side of his neck. He was listed in stable condition Sunday at Johnson City Medical Center.

Sessions Court Judge Keith Bowers Jr. appointed a public defender for Banner and set his next court appearance for March 22. Banner is being held in the Carter County Jail, with bond set at $75,000.

Deputies were called to 649 Poga Road at 3 a.m. Sunday on a possible shooting incident. When Lt. Larry Vaughn arrived, he said he made contact with two men. He said one of the men was lying face down on the floor near the front door in a pool of blood. The other man was sitting near him on a couch.

Vaughn asked the man on the floor if he was shot. He said the man sitting on the couch then replied “I shot him.” At that time, the seated man stood up and was placed in handcuffs and moved away from the victim. At that time, the Carter County Rescue Squad arrived and began assessing the victim.

At that point, Vaughn said Clawson said, “Claude, I hope you burn in hell for this.” Vaughn said Banner told him, “I didn’t mean to shoot him.”

Investigator Jenna Markland spoke to another person who was at the residence at the time of the shooting. Sharon Stout told her that Clawson and Banner were talking when she went to the bathroom. While she was there, she said she heard a bang and came out to find Clawson lying on the floor. Stout showed Markland where a .45-caliber pistol was lying. The weapon was secured.

Markland went to the Carter County Jail to speak with Banner. She said he told her he had drunk seven or eight beers. Markland reported that Banner told him that Clawson had come over to talk. During that time, he had shown Clawson his gun collection.

Banner said they later got into an argument and he thought Clawson was going to throw a plate at him. He said he picked up his gun and shot Clawson. “I sure didn’t mean to shoot him,” Banner told Markland.

Markland then went to the Johnson City Medical Center, where she spoke with Clawson. Clawson said that before the shooting, he was going outside. He said Banner told him that if he went outside he would shoot him. Clawson told Markland he didn’t believe Banner would shoot him. When he reached for the door knob, he said Banner shot him.

Markland said Clawson told her he had about five or six beers that night.

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