Road Rage Shooting in Cemetery in Virginia Ruled Self-Defense

[RamboLiberal]

The evidence and Kinney’s testimony revealed Kinney shot both men with a .40 caliber Glock semi-automatic handgun, for which he had a valid Virginia concealed weapon permit.

Kinney told Suffolk Police he saw a large truck driving erratically on Bridge Road while he was on his way to his stepfather’s house. The two vehicles turned onto Eclipse Drive, with Kinney behind the truck. The truck had its turn signal on, and Kinney went around the truck because he believed it was getting ready to turn off Eclipse Drive.

At that time, the truck began pursuing Kinney, and Kinney believed he had made the driver angry, according to the letter. Kinney then pulled into the cemetery to allow the truck to pass, and was going to leave the area after it left.

However, the truck pulled in behind Kinney, completely block the cemetery driveway, according to the letter. Bailey and Bauwens got out of the truck and approached Kinney’s car, one on either side, yelling and cursing. Bauwens was under the influence of both alcohol and cocaine, according to an autopsy report, and Bailey was intoxicated.

Kinney then heard his driver’s side window “explode,” and believed it was from a gunshot. He shot Bauwens through his passenger side window and then shot Bailey through his broken driver’s window.

http://www.suffolknewsherald.com/news/2009/dec/17/october-shooting-ruled-self-defense/

[Indy Lurker]

1. Should be titled Driver defends himself from drug and alcohol fueled Road Rage

Kinney demonstrated the proper restraint before using deadly force.

He did not active seek an encounter with the criminals, but waited until he was in reasonable fear of injury or death before employing deadly force.



An investigation into the case revealed “Kinney reasonably feared he was at risk of imminent death or severe injury,” according to the letter. “His actions were those of a frightened, meek individual who had not created this situation and he was powerless to diffuse the incident.”

“You review the facts, and you make the determination based on the facts,” Ferguson said. “Some cases are homicide, and some under the law are deemed not to be. Each case rises or falls on its own set of facts.”

[Fire_Medic_Dave]

2. Sounds like a righteous shoot to me.

[mindwalker_i]

3. Those two guys made a grave mistake

Yup

[The Doctor.]

4. ...

:evilfrown: :spray: :evilfrown:

That was awful.