Police said Payne shot and killed Herring at the intersection of Forest Parkway and Riverdale Road in May after she saw him leaving the scene of a minor accident. She was initially charged with murder without malice.
Payne was out on a $100,000 bond but was arrested again Friday on the new charges.
"She's truly upset," Payne's attorney, Matt Tucker, said.
Herring's wife told Channel 2 Action News jail is where Payne needs to be: "She was really, really wrong for what she did."
Tucker insists Payne was defending herself.
"She didn't go out there trying to kill the person," he said.
Tucker plans to ask for an own recognizance bond, where Payne just promises to show up for court.
"I think they're not going to give that to me. I think there's going to be some additional funds," Tucker said.
He said the ordeal has taught his client a valuable lesson.
"You don't ever walk up on a car 'cause you don't know what's going to happen," Tucker said.
Payne is expected to go before a judge for a first appearance Saturday. Tucker will be asking a judge to set a bond hearing soon.
The attorney also plans to ask a judge to move the case out of the county because of the attention it has gotten.
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