A bizarre incident has one Columbus driver in hot water. According to the victim, another driver on the road, the man cut her off and then fired shots at her for unexplained reasons. He has been charged with criminal recklessness for discharging his weapon at another driver on the road. The driver pulled in front of the vehicle causing it to stop. That is when the gunman opened fire on the victim. 

At first, police believed the incident was road rage-related. However, police now suspect that the driver mistakenly believed that someone else was driving the vehicle; someone with whom the defendant had prior problems. 

In a second road rage incident, a 60-year-old man pulled a gun on a 17-year-old driver. The 17-year-old managed to get cellphone footage of the man waving a gun around and yelling obscenities. In a third road rage incident, a 23-year-old man fired shots at a pickup truck causing damage to the truck and minor injuries to the driver. 

Police officials warn that there has been a drastic increase in the number of road rage incidents this season.

What is Legal and What is Not?

You only have a right to pull a gun if your life is in danger, someone else’s life is in danger, or your home or property is in danger. You cannot pull a gun because someone cuts you off in traffic and you get mad about it. Once the gun is pulled, you can be charged with a crime even if you have a permit to carry the weapon. Under the law, threatening someone with a weapon is considered assault.

What is Criminal Recklessness?

Criminal recklessness generally involves the unsafe use of a weapon. It is considered a class-b misdemeanor under the law. It becomes a class-6 felony when the recklessness involves a weapon that is likely to cause serious bodily injury to another person. Firing on someone’s car is likely to cause serious bodily injury. The fact that no bodily injury occurred helps the defendant who could have been charged with second-degree murder if the other driver died. 

In order to prove criminal recklessness, the prosecution does not need to show that the defendant intended to cause harm, but rather only that they disregarded the harm they could cause. Criminal recklessness could be charged as a class-5 felony if the individual shoots into a building. Vehicles are considered buildings in the case of arson and burglary. It is unclear if the defendant has been charged with a class-6 or class-5 felony at this time. 

Talk to an Indiana Criminal Defense Attorney Today

Christopher Arrington represents the interests of those charged with criminal recklessness and related crimes. Call today to schedule an appointment and we can begin discussing defense strategy immediately.