Florida Road Rage Shooting

Florida authorities are still on the lookout for a shooter in a road rage incident over Thanksgiving. It started when two drivers came up to a red light who had been showing hostility for a while on the road. The driver of the Rolls Royce exited his vehicle and went up to the driver of the Mercedes. Surveillance videos show the two throwing punches at each other. When the light turned green, the driver of the Mercedes pulled out a gun and show the Rolls Royce driver in the chest. The victim, Edward Zapata, made it back to his car, but fell on the pavement. His passenger called the police and Zapata was taken to the hospital. He went through surgery, and is in stable condition. Unfortunately, the passenger never got a look at the gunman.

Comments from Allen:

How times change. The last time I saw a video of someone pulling up next to a Rolls Royce, the passenger was offered Grey Poupon.

In the video of this incident, the driver of the Rolls, Mr. Zapata, appears to be the aggressor. He exited his vehicle in traffic. He approached the Mercedes. Upon reaching the window of the stopped Mercedes, he immediately began throwing punches at the apparently helpless driver of that vehicle.

The Mercedes driver had a right to defend himself with reasonable force. The problem with this scenario is that, after beating the Mercedes driver, the Rolls driver appears to start walking away. Perhaps he was walking away because he saw his victim's gun pointed at him. Whatever the reason, once the aggressor began walking away, it was no longer necessary for the Mercedes driver to defend himself with deadly force, and shooting would not be justified.

If the Mercedes driver is found, and that may not happen, the case will turn on these two questions:

1. Was the Mercedes driver being beaten when he pulled the gun out?

2. Had the Rolls Royce driver withdrawn from the fight before the other driver shot him?

The answer to those questions will determine whether the Mercedes driver acted in self-defense or whether he committed an aggravated battery.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:
http://www.cbsnews.com/news/police-search-for-suspect-in-miami-road-rage-shooting/

 http://www.miamiherald.com/news/local/community/miami-dade/downtown-miami/article47642360.html

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