Proffitt brother death case bumped down to second-degree murder charge

Finding no basis for a first-degree murder charge, Kevin Proffitt is now facing a second-degree murder charge in the shooting death of his brother Kirby.General Sessions Judge Jeffrey Lowe made the determination during a probable cause hearing on Wednesday, Oct. 8.According to affidavits and testimony of Johnson County Sheriff's Office Chief Deputy Shawn Brown, on Sept. 11, Kevin Profitt shot his brother Kirby Proffitt at Kirby's Spear Branch Road house.Brown testified Oct. 8 that Kevin was sitting in the driver's seat of his car and Kirby was talking to him through the front passenger's side window, which apparently was rolled down as there was no glass damage. A "reddish-brown substance" was found in Kevin's vehicle that is being tested. The autopsy has been done, but the report hasn't been released, Brown stated.The incident happened some time before the first 911 call at 6:07 p.m. Law enforcement arrived on scene to find Kirby Proffitt, 60, dead on his front lawn from a gunshot wound to his chest.Brown said that in two interviews, Kevin admitted to shooting Kirby, saying Kevin mentioned an alleged drug addiction of Kirby's and that "he wasn't going to take a whoopin." Brown said he wasn't exactly sure what Kevin meant by that.The weapon was a .40 caliber pistol, which was recovered in Kirby's glove compartment, where he said it was.According to an affidavit by JCSO's Chris Lipford, the argument that led to the alleged shooting seemed to have to do with a safe at Kevin's house that contained arrowheads that Kevin was trying to get Kirby to unlock.Affidavit reveals possible motive in Spear Branch murderBrown was the only witness called to testify in the Oct. 8 hearing.Assistant District Attorney General Leon Marshall said that Kevin could have driven off and argued it was sufficient to charge Kevin with first-degree murder.After hearing arguments, Lowe said premeditated murder is "sufficiently free of excitement and passion" and didn't find a reason to say this appeared to be premeditated.Along with lowering the charge to second-degree murder, Lowe lowered the bond from $1 million to $250,000, saying the former was excessive.The case now goes to a Grand Jury, who can choose to induct Proffitt in criminal court.