The suspect was passed out in the car when the sheriff's tactical team arrived to arrest him.
Jayne said in a phone interview on Thursday that her client had been drinking and taking painkillers before the shooting and still doesn't remember it. She said it appears that someone else had been driving and left her client asleep in the car.
When someone reached in to take the keys, she believes her client was startled and felt like he was in danger.
"That's what startled Marvin, and in that unconscious state of mind, he came out of the car and started firing," she said.
Still, she added: "He has great remorse, but he doesn't have any memory of doing that."
Several of Heavner's family members including his mother, Lena Eidson, addressed Lee during his hearing in a Catawba County courtroom.
"My boy is gone, and I can't bring him back. There's nothing done here today that can change that," Eidson said, according to the prosecutor's news release.
Heavner, who had an infant son and grew up in the area, had a tradition of using his truck to help drivers out of ditches during snowstorms in the western North Carolina county, his sister said in the days after the shooting. Jessica Heavner said that helping others out of snowy jams was something their late father had started.
"We always had some type of 4-wheel drive vehicle, and we would go out and look for people who had spun out in the ditches," Jessica Heavner said in a 2016 phone interview. "It was something we always did to help out people in the community."
- AP