NC Supreme Court hears case of Raleigh man who shot man outside his home in 2016

Thomas was leaving a house party at another home at the time, and Copley claimed he heard a disturbance in front of his house and was trying to protect his family.

"The defendant called 911," said Ben Szany with the North Carolina Department of Justice. "Before the operator could pick up, the defendant said, 'I'm going to kill him.'"

The state Court of Appeals overturned Copley's life sentence in 2019, ruling that it was tainted by the prosecutor implying that racism was a factor. Copley was granted a new trial.

On Wednesday, attorneys for the state and Copley reviewed the facts of the case for Supreme Court justices as they consider whether he deserves a new trial. The state's high court does not decide a case in the courtroom. The court is expected to make a ruling at a later date. It's unclear how soon that could happen.

"What he's asking for is a new trial in front of a properly instructed jury, so that he has a chance to prove himself innocent," said Marilyn Ozer, Copley's attorney.

Justice Anita Earls raised a question about where Thomas was when Copley fired the shot from inside his home.

Thomas was found just feet from the curb along the street.

"In a neighborhood where there are no sidewalks, surely you’re not saying you can be shot if you’re walking along someone’s house?" Earls said.

"You do not have the right to run toward my house when you may have a gun," Ozer said. "This isn’t some innocent neighbor walking their dog."

Copley also admitted that he fired directly at Thomas and did not, as he had told police after the shooting, merely fire a warning shot.