A Walker County jury has convicted Marshall Payne of malice murder and felony murder in the 2016 shooting death of 28-year-old Donald “DJ” Fickey Jr., bringing closure to a case that lingered for nine years.
The verdict was returned on Nov. 20 after a nearly week-long trial. Jurors deliberated less than an hour before finding Payne guilty. Superior Court Judge immediately sentenced him to life in prison with the possibility of parole.
The shooting occurred on Oct. 3, 2016, when Payne called 911 three times, initially reporting that Fickey had taken his own life and that the gun discharged as Payne attempted to intervene. Responding officers treated the scene as a possible suicide, citing Payne’s statements, the chaotic setting, and a shotgun wound that appeared consistent with self-infliction.
However, investigators later uncovered conflicting accounts from Payne and other witnesses. From the beginning, the victim’s wife, Brandy Heath, told authorities she saw Payne intentionally shoot Fickey. Testimony during trial also described drug use at the property, prior altercations between Payne and Fickey, and allegations that Payne was involved in a sexual relationship with Heath, providing what prosecutors argued was a motive. Evidence also showed bruising and bite marks Payne was accused of inflicting on the victim shortly before the shooting.
In 2023, after a medical examiner revised her original findings, the state moved forward with murder charges, ultimately leading to last week’s conviction.
District Attorney Clayton M. Fuller, who prosecuted the case, praised the jury and investigators for their persistence.
“Last week’s verdict brings long-overdue truth to a case that was buried under years of lies and shifting stories,” Fuller said, adding that the ruling reinforces the community’s commitment to accountability. He also credited Fickey’s family and Walker County Sheriff’s Office Detective Allen Ellenburg for refusing to let the case fade.
“Violent crime has no safe harbor in Walker County,” Fuller said. “Not on my watch. Not ever.”
