A Taylor man is facing multiple felony charges after a road rage confrontation on Tuesday that escalated to gunfire when his girlfriend was struck by the other driver's vehicle.
See the latest report in the video below
David Zacharias was arraigned in 23rd District Court in Taylor on several felony assault and weapons charges (Assault with intent to Murder, Assault with intent to do great bodily harm less than murder, felonious assault and 3 counts of felony firearm) stemming from the shooting on Pardee Road near Goddard. The incident was partially captured on video by a witness.
According to police, the confrontation began when Zacharias and his girlfriend did not allow the driver of a Ford Fiesta to merge into their lane. When traffic came to a stop, Zacharias got out of his vehicle and walked toward the other driver, who perceived his approach as aggressive and responded by getting out with bear spray.
"He told David to get back as David continued to walk toward him. He then sprayed the mace at David when he was approximately six feet away," Detective Phil Collop said.
Watch the road rage incident in the video below
The situation escalated when the Ford Fiesta driver appeared to hit Zacharias' vehicle and struck his girlfriend, who had also exited their car.
"She goes flying about 10 feet. He opens fire, thinking this guy is so crazy he's going to back up and run her down again," said Jim Makowski, Zacharias' attorney.
Witness video shows Zacharias firing at the fleeing Ford Fiesta. Makowski said his client, who has a concealed pistol license and no criminal record, feared for his family's safety, including his two young children who were inside the vehicle.
"He thought his whole family was going to die, his words," Makowski said.
The attorney claims his client's actions were justified, saying Zacharias was initially just trying to photograph the other driver's license plate after believing his vehicle had been hit.
Watch our previous report from Christmas Eve in the video below
"Did he want to shoot? Absolutely not and he recognized his vision was compromised and it wasn't a good idea to shoot but when he hears his girlfriend being struck by this other vehicle and going flying, he didn't feel like he had a choice," Makowski said.
Magistrate Britney Carmona expressed serious concerns about the incident during Zacharias' arraignment.
"The allegations in this complaint are very concerning to say the least. It's alleged he pulled out this gun and according to the complaint he fired three times at a fleeing vehicle, so in the middle of, arguably I think one of the busiest intersection of the city," Carmona said.
The driver of the Ford Fiesta was later arrested and is facing three misdemeanor charges (failure to stop at the scene of a personal injury accident, failure to stop after a collision and unlawful use of a license plate). He has not yet been arraigned.
Zacharias was given a $100,000 bond and will return to court January 12 for a preliminary examination, where a judge will decide if there's enough evidence for the case to proceed to trial.
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