Shots fired in Mopac road rage incident

[LarryH]

We have heard of the "Tale of Two Cities".

This is the"Tale of Two Morons".

"It was the best of times. It was the worst of times."

[i8godzilla]

A little more info:

http://www.kxan.com/dpp/news/crime/road ... le-defense" onclick="window.open(this.href);return false;

....His attorney, Gerald Smith, said Smith was trying to defend himself against someone he believed was trying to kill him by running him off the road....

--snip--

Several conditions apply, but one section of the law that may be in play is the following, which says that the defendant can use this law as an argument for self defense if he believed his attacker:

Section 2.1.(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or (C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

AFFIDAVIT FOR WARRANT OF ARREST AND DETENTION

[drjoker]

I experienced almost the same exact situation on woodlands parkway oneday. I was in the right lane and this guy pulls up about a foot or two from my bumper and hangs out although the left lane wAs empty. I gave a little tap on my brakes( and I do mean just a small tap not a slam) so the guy would give me at least a car lenght of space if not the proper following distance. The guy goes ballistic, speeds around me and infront, and then proceeds to slam on his brakes repeatedly. He gives me the bird and tries to slow me. I don't know if he was going to try and force me off the road or what his intentions where. This is where my story differs from the op. I was carrying and Wanted to avoid confrontation so I exited at grogans mill at the very last second where he could not have followed as he was infront of me. Scary. I should have called 911 and kick myself to this day for not doing so. People are nuts!

The exact same thing happened to me, too. Except I wasn't so lucky. I exited the highway and the guy followed! The light was red after the freeway exit, so I stopped. He ran over my rear view mirror and blew through the red light. Where do these road raging idiots come from?! Now, here's where my story DIFFERED from his: I did NOT shoot the guy even though I was armed at the time. This happened to me a couple of years ago.

Just yesterday, the exact same thing happened to me except that he didn't run over my rear view mirror. Instead, after we exited the freeway, he stopped about 25 yards behind me. Then, he guns it and drives through a red light when he passes me. I think he was afraid of being shot. That's why he stopped behind me. He was deciding how best to pass me and decides that driving very fast past me and blowing through a red light just before some traffic passes would be best so that I couldn't get a clear shot at him and couldn't follow him. What I don't understand is, if he knew his behavior of road rage may get him shot, then why did he do it?! BTW, I wouldn't even dream of shooting him. Shooting him would mean that I'd have to stoop to his level.

[Keith B]

Just yesterday, the exact same thing happened to me except that he didn't run over my rear view mirror. Instead, after we exited the freeway, he stopped about 25 yards behind me. Then, he guns it and drives through a red light when he passes me. I think he was afraid of being shot. That's why he stopped behind me. He was deciding how best to pass me and decides that driving very fast past me and blowing through a red light just before some traffic passes would be best so that I couldn't get a clear shot at him and couldn't follow him. What I don't understand is, if he knew his behavior of road rage may get him shot, then why did he do it?! BTW, I wouldn't even dream of shooting him. Shooting him would mean that I'd have to stoop to his level.

So why do you think he thought you would shoot him? Did you display a weapon? If so, you were in the wrong.

I doubt his thoughts were you might shoot. The majority of people don't think about a gun until it is in their face. Most road rage'ers are just very aggressive until they get into a situation where they have to come up to their victim face to face. They are basically bullies that have an out when on the open road. However, when pinned in by a traffic light, they realize they aren't invulnerable any longer and you may get a license number and a good description of them and now they are the bad guy and may get caught or cornered. My guess is he decided he was in the wrong and wanted out of the situation and that was his option to escape and not be identified.

[sjfcontrol]

The exact same thing happened to me, too. Except I wasn't so lucky. I exited the highway and the guy followed! The light was red after the freeway exit, so I stopped. He ran over my rear view mirror and blew through the red light. Where do these road raging idiots come from?! Now, here's where my story DIFFERED from his: I did NOT shoot the guy even though I was armed at the time. This happened to me a couple of years ago.

How did he manage to do that?

[xdfanatic]

Maybe I read to far into this incident but they guy was 20 with a CHL? Doesn't that mean that he would have to be in the military? Someone correct me if I am wrong please. I think this kid will be in more trouble than just with local law enforcement especially if he is active duty. Either way I just can't understand why anyone would want to shoot someone when they were both acting like morons. This guy should have simply stopped/exited what ever necessary to escape and evade the trouble. Some people let their ego's get the best of them and these guys proved it, they both deserve to go to jail for the same amount of time. They are both guilty in my book.
Xd

[drjoker]

So why do you think he thought you would shoot him? Did you display a weapon?

Didn't I just say that if I were to shoot him, I'd be stooping to his level? Of course I didn't display a weapon. However, I couldn't think of any other reason for him to stop 25 yards behind me, wait for some traffic to almost pass, and then run at full speed through the red light so that passing traffic would be between me and him.

sjfcontrol: he drove so close to me that his rear view mirror hit mine. The crazy idiot destroyed both our rear view mirrors. It was very expensive to fix. Ugh....

I wouldn't shoot these idiots, BUT if I were on the grand jury, I'd try my hardest to persuade the others on the grand jury to "no bill" the shooter. However, I've never been picked for jury duty, much less grand jury duty.

[Fangs]

sjfcontrol: he drove so close to me that his rear view mirror hit mine. The crazy idiot destroyed both our rear view mirrors. It was very expensive to fix. Ugh....

Some people call those sideview mirrors, referring the the mirror inside mounted on the windshield as the rearview mirror. It's odd, since all your mirrors allow you to see to the rear, but I can understand the confusion.

[sjfcontrol]

sjfcontrol: he drove so close to me that his rear view mirror hit mine. The crazy idiot destroyed both our rear view mirrors. It was very expensive to fix. Ugh....

Some people call those sideview mirrors, referring the the mirror inside mounted on the windshield as the rearview mirror. It's odd, since all your mirrors allow you to see to the rear, but I can understand the confusion.

I assumed he was talking about an OUTSIDE mirror, but still couldn't see somebody running over one without sideswiping one-another. Somebody must have mirrors that really stick out. And I would claim he still didn't "run over" it, he just knocked it off. To run over it, it would have to be on the ground.

[OldCurlyWolf]

I just read the affidavit where they want to charge the person with the gun with a 1st degree felony. That is 5-99 years if convicted. And the fellow in the other vehicle isn't getting charged with the same? Nowhere in Texas but Austin. Also Felony charges don't go through municipal court. They go through the JP courts and the County Courts at law before they go to District Court.

Something is really strange here.

[KD5NRH]

I just read the affidavit where they want to charge the person with the gun with a 1st degree felony. That is 5-99 years if convicted. And the fellow in the other vehicle isn't getting charged with the same?

A car is only a weapon if you're using it against a cop. That's why handling it carelessly on a crowded road is punished less harshly than careless use of a firearm in an empty field.

[RiverCity.45]

I had to laugh when I read in the affidavit that the person was trying to shoot the other driver, but the car "jumped," leading him to shoot out two different tires.

Really? He expects anyone to believe that he wasn't aiming at the tires?

[drjoker]

I just read the arrest affidavit and IANAL, but I think that Mr. Smith actually had a pretty good case for self defense up until the point when he opened his big mouth. A good defense attorney probably could've argued that he was just brandishing to stop a threat with a deadly weapon (road rage driver's car), but a bump in the road caused him to accidentally discharge. A good defense attorney would've negotiated the lesser charge of brandishing in exchange for a guilty plea. A great defense attorney would've gotten him a sympathetic jury through jury selection finesse and then gotten him off on all charges. However, all hopes of such are dashed with his big mouth, "Officer, honest, I was trying to kill the driver, but unfortunately, I missed and hit the tires."

It's amazing exactly how shallow the shallow end of the gene pool really is.