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Murder suspect claimed to be protecting his son

Fyfe’s case moving forward for indictment

POSTED: January 17, 2014 11:58 p.m.

A Flowery Branch man said he killed his brother on Christmas Day to protect his son, a Hall County Sheriff’s Office investigator testified Friday during a hearing in Hall Magistrate Court.

That son told investigators his father “believes he lives in the 5th dimension,” Investigator David Treadwell said.

Mark Alan Fyfe, 52, is accused of shooting and killing his brother, Alan Scott Fyfe, 54, at his Flowery Branch home in the 6400 block of River Hill Drive. He is being held without bond in the Hall County Jail.

Treadwell said Fyfe, when he was handcuffed in the back of his patrol car, told him he killed his brother.

“When he lied in the back of the patrol car, he was just talking and talking, and at that time is when he said he killed his brother,” Treadwell said.

Assistant District Attorney Jennifer Bagwell asked Treadwell if the defendant said why.

“He said he had to protect his son,” Treadwell said.

A magistrate judge ruled there was enough evidence to send the charges to Hall County Superior Court for indictment.

A hang-up 911 call made by the defendant’s son, Kevin Fyfe, 21, was the catalyst for the death investigation.

On cross examination, Senior Public Defender Larry Duttweiler asked Treadwell if Fyfe said he killed his brother in response to a question.

“No, he was just talking,” Treadwell said.

“Had you given him some Miranda warnings at this point?” Duttweiler asked.

“Not at that point,” Treadwell said.

“What is it that you talked to him about?” Duttweiler asked.

“I’m not talking about anything. He’s just talking,” Treadwell replied.

Treadwell said that another officer drove Fyfe to the criminal investigation division for interviews.

“Once he was read Miranda, he said he didn’t want to talk. That was it,” he added.

Treadwell said deputies who responded to the home the morning of Dec. 25 saw Fyfe walking in and out of the house, and ordered him to show his hands.

“When Mr. Fyfe’s mother arrived on the scene, he asked her not to go in the house, and when she did she said ‘What are you going to do? Shoot me?’” Treadwell said.

Backup officers were called, and when Fyfe refused to speak to deputies, the SWAT team responded, the testimony claimed. Fyfe surrendered after about 45 minutes of negotiation.

Officers found two guns at the home, Treadwell said.

He said Fyfe shot his brother from the home’s back deck. Deputies found his body in the backyard.

“There’s a back deck on the house. Mark Fyfe’s on the back deck and Alan was on the ground, probably about 20 feet, shooting down,” Treadwell said.

Fifteen shots were fired, he said, and four struck the victim. Shell casings were found near his body.

Treadwell said the victim had been living with his brother for three to four months.

Kevin Fyfe was initially taken into custody, and later released with no charges. Treadwell described his interview with another investigator.

“He (Kevin) indicated in the interview to investigators that he (Mark) thought Alan was trying to kill Kevin,” Treadwell said.

Duttweiler asked Treadwell if investigators had asked Kevin about some of his father’s beliefs.

“Kevin said to Investigator Ginn that his dad believed he lived in the 5th dimension,” Treadwell said.

“Did you find any drugs? LSD, mushrooms?” Duttweiler asked.

“Marijuana,” Treadwell replied.

Duttweiler asked if the victim had kept a gun in his car.

“I believe Kevin told Investigator Ginn he usually wears it on his side,” Treadwell said.

On redirect, Bagwell asked Treadwell if the victim had a gun in his possession when he was shot. Treadwell said he did not, but one was in the back seat of his truck.

In addition to murder, Fyfe was charged with three felony counts of obstructing an officer and one felony count of interfering with government property. He hurt two investigators in an attempt to flee the interview room, Treadwell said.

The deputy who drove Fyfe to the jail also testified at the hearing. Cpl. Shawn Jackson said Fyfe became unruly during the drive.

“He was lying in the back of my patrol car, and all of sudden he started kicking the door,” Jackson said. “He continued. He never stopped kicking the door.”

Pepper spray “didn’t phase him at all,” he said.

“He shattered the window and was trying to come out of the vehicle, trying to head butt myself and Deputy Snyder, who was with me,” he said.

He warned the jail he was “coming in hot,” and deputies struggled to subdue Fyfe during incarceration, even using a stun gun on him.

“After he was Tased, he continued to fight,” Jackson said.

On his cross examination of Jackson, Duttweiler seemed to imply Fyfe was in an altered state of mind.

He asked Jackson is Fyfe seemed “psychotic,” prompting an objection from Bagwell, who said Jackson didn’t have the knowledge or expertise to know Fyfe’s mental state.


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