Katie Quackenbush asked Nashville shooting victim if he 'wanted to die tonight,' according to testimony

A woman charged with shooting a homeless man on a Midtown sidewalk in August asked the man if he wanted "to die tonight" before opening fire, according to testimony in court Thursday.

Prosecutors questioned the man and a witness to the shooting while trying to establish probable cause in the case against 27-year-old suspect Katie Quackenbush. General Sessions Judge Michael Mondelli sided with prosecutors, agreeing that there was enough evidence to send the case to the grand jury and toward a trial.

Police say Quackenbush shot Gerald Melton in the early morning hours of Aug. 26 after a heated verbal argument about the exhaust fumes coming from her Porsche SUV.

Prosecutors and Quackenbush's defense attorney Peter Strianse seemed to agree on the broad strokes of that narrative during Thursday's hearing, although Strianse suggested Quackenbush was acting in self defense.

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Quackenbush had driven a friend to her car on 19th Avenue South near Music Row when Melton said he came over to complain about the fumes. Melton testified that the discussion became an argument, and agreed that he and Quackenbush yelled at one another.

When Strainse asked if Melton had used sexist language or racial slurs during the argument, Melton didn't deny it.

"It was just people angry talking," Melton said. "Even if I did say that it's not an excuse to shoot me."

At some point during the argument Quackenbush grabbed her gun, loaded it and got out of her SUV, according to testimony. She approached Melton on the sidewalk and shot him twice.

"She asked me if I wanted to die tonight," Melton said.

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Melton said that, after he was shot, he moved toward Quackenbush and told her he "ought to kill" her. He said he never showed or tried to use a weapon. Quackenbush's friend, who also testified, said she never felt threatened by Melton.

After the shooting, Quackenbush and her friend went to Taco Bell before heading to Quackenbush's home, according to testimony.

Strianse began questioning a witness who said Melton had a history of threatening behavior in the area around Music Row. But Mondelli said Melton's past behavior wasn't relevant at this point in Quackenbush's case.

After the hearing, Strianse said he expected the case to go to trial.

"There's a valid self-defense here," he said. "The judge today only heard a very small slice of the case."

Reach Adam Tamburin at 615-726-5986 and atamburin@tennessean.com. Follow him on Twitter @tamburintweets.