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I know this story is a couple of months old now, but I went to the PD and pulled the report. Here are some of the highlights: (Offenses sited: Criminal Mischief $500-1000 and terroristic threatening)

One of the witnesses was the shooter’s girlfriend who was following him until was cut off by the suspect. The girlfriend called the shooter because of the erratic driving and attempted to call 911 before being stopped by the red light.

The suspect approached exited his car, approached the shooters car, hit it twice with the bat and then the shooter got out of his vehicle. The suspect approached the shooter who warned him by saying “stop.� The suspect did not stop and “advanced on him�, and the shooter shot him 3 times (as stated by the shooter; the officer noted at least ‘two’ GSWs). After he shot him, he got back in his car and waited for police to arrive. The girlfriend also waited in her car until police arrived.

The shooter was brought to the interviewing officer who told him he was a CHL holder and that the weapon was in his car (which was a Glock). The property list also showed a .38 snub-nose, but it did not indicate where it was located. He was searched for officer safety. He stated to the officer that he “felt threatened� and “did not give him (the suspect) a chance to hit him�.

The girlfriend’s statement was the same except that the suspect was yelling at him as he approached the car.

Another witness was traveling the same direction as the incident vehicles were and stated the suspect “passed him at a great rate of speed and driving erratically� he also saw him almost hit the shooter’s car. His story was the same as the shooter and the girlfriend. He pulled into a gas station and waited for police to arrive.

Two other witnesses (riding together) were at the intersection perpendicular to the incident. They both stated that the suspect got out of the car with the bat, the shooter got out of the car and shot the suspect. They stopped to help the suspect at which time the shooter stated “it was self defense� and then got back in his car (the shooter). It was unclear what theses witnesses did after the statement.

The girlfriends car was released to her father (not sure why this happened, they didn’t elaborate) by hand receipt. The shooters car was moved to the gas station (with his permission) and was transported to the PD to give a statement. Afterwards, the same reporting officer took the shooter back to his car.

A couple of things here: After shooting the suspect, he got back in his car...and his girlfriend stayed in her car. Awesome idea in my opinion. No need to stand around and talk about what happened before LE arrives. I wonder how it may have been perceived differently if he attempted to assist the suspect.

Second, leave your gun in the car after this happens. No need to escalate the situation once LE arrives.

Third, although it didn't say if he had an attorney down at the station, it was obvious that he wasn't down there too long since the same officer brought him back to his car.

I can't see ANYWHERE that this guy messed up. He covered his bases, didn't talk to anyone and told the press "I am really shaken up, I don't want to talk".

I have taken this as a VERY GOOD learning experience. Have a plan in place if something like this happens AND STICK TO IT!!!

And Brain, if you a member or a lurker here...and this is not to say what you had to do is what you wanted to do, but nonetheless...AWESOME JOB!!!

One last thing, if you want a copy of the report, PM me and I'll e-mail you a copy.

I have actually thought about going to the PD and seeing if I could get a copy of the report. I am very curious too as to what the witnesses saw before/during the incident. I saw the guys obit today in the paper...kinda adds to the story a little bit...makes it "real" (I know it sounds weird, but you see his parents, grandparents names, etc. really makes you think about one's actions) I am sure when he was ringing in the New Year he had no idea he would be 6' under at Fernando Cemetery #2 in just a few days.

I guess I can understand the ME's ruling then. The road rage here is out of control...I am from Atlanta and although the traffic is just as bad, at least they signal when they cut you off! San Antonio is horrible!

Not sure if this was posted yet, if it was then my apologies. At least now there is one less idiot driver out there!

One question though; Why did the ME rule it a homicide? Sounds like crap to me.

Road rage turns fatal
Moises Mendoza
Express-News

San Antonio's first violent death of 2008 occurred just an hour after revelers rang in the new year when a motorist shot a driver who threatened him with a baseball bat in an apparent road-rage incident.

Tuesday morning's shooting death on the Northwest Side came on the heels of a particularly violent year for the city. In 2007, the city recorded 127 homicides, the most for one year in more than a decade.

Because the shooting appeared to be in self-defense, however, police said they didn't plan to charge Brian Correa, 24, who shot the 24-year-old driver three times with a handgun, according to a police report.

The Bexar County medical examiner's office identified the deceased driver as Tomas Garza.

Police also weren't classifying the death as a homicide although the medical examiner did, said police spokesman Sgt. Gabe Trevino.

“It was apparent to us that he was defending himself,� Trevino said, adding that the shooter had a license to carry a concealed weapon.

According to Correa and several witnesses quoted in the report, Tuesday's incident began when Garza maneuvered his Mitsubishi Lancer behind Correa's 2002 Chevrolet Camaro around 1 a.m. and began driving aggressively and trying to hit the Camaro.

When the cars came to a stop at a traffic light at Huebner and Fredericksburg roads, Garza got out and hit the Camaro several times with the bat, according to the police report.

After Correa told Garza to stop, Garza began advancing toward him and Correa fired three times with the handgun, according to the report.

Witnesses corroborated Correa's account with police.

“I'm still really shaken up. I don't really want to talk about it at all,� Correa told a reporter when contacted at his home Tuesday afternoon.

Trevino said police were concerned about the increase in homicides in 2007 and that one of the department's New Year's resolutions is to reduce that rate.

“The chief would tell you that he was disappointed with our homicide numbers,� Trevino said. “We would like to see those numbers decrease. One is too many. But we would like to see those decrease.�