California road rage shooting, charges dismissed

A recent ruling by a judge has resulted in charges dismissed against a man accused of a California road rage shooting. 71 year old Dr. James Simon was on his way home with his wife in the car when reports say that he cut off another driver, 70 year old retired mortgage broker Bill Osenton. According to Simon he was then followed home by Osenton, who went into the garage of the Simon home and was making threats. James went into his home, retrieved a gun, and then shot Osenton in the stomach twice in the garage of his residence. Bill Osenton survived the shooting, and Dr. Simon was charged with assault with a firearm as well as attempted voluntary manslaughter. A judge in Marin County Superior Court had the charges dismissed and said the frantic call to 911 by Dr. Simon played a role in the decision.

With all the charges dismissed in the California road rage shooting Dr. Simon has been cleared of wrongdoing. The 911 call was emotional, with Dr. Simon telling the emergency operator in a trembling voice“I had a man follow me into my garage, and I had to shoot him, and I’m sorry. And I need some help.” After the decision Simon told reporters “I’m so proud to be an American. I’m proud to live in America. I’m sorry if I’m at a loss of words.” Mr Osenton refused to give a comment to reporters after the court’s decision. According to Dan Abrams, the Chief Legal Affairs Anchor for ABC News, “Being afraid isn’t enough reason under the law to use deadly force. The question is: Did Dr. Simon have a reasonable fear of bodily harm?”