Road Rage Incident on Mopac Ends in Shots Fired

Austin, TX - Police arrested a man after he fired a gun at another driver on MoPac.

It was on North Mopac near 35th Street where Charlie Smith says another driver, 20-year-old Matthew Thomas Evans, started tailgating him.

"He tapped his brakes a few times to get this person to back off. He activated his hazard lights," says Cpl. Scott Perry with the Austin Police Department.

However, Evans did not back off. Instead, Smith told police Evans went around him and cut him off.

This banter back and forth between the two vehicles started. One person was swerving toward the other.

That continued southbound on MoPac for seven or eight miles. Smith tells police it was at this point on MoPac near Southwest Parkway that he felt in fear for his life so he pulled out his 9mm handgun.

"Mr. Smith felt that he was in imminent bodily danger so he pulled out his handgun and fired two rounds at the other vehicle," said Perry.

Smith, 30, says he was aiming at Evans, but missed, and hit his truck's tires instead. Police arrested Smith and charged him with aggravated assault with a deadly weapon.

"We feel at the police department that he had many more options than pulling out his gun and firing two rounds going down MoPac."

Smith told police he thought he would be covered under the Castle Doctrine which states that the use of force is justified if the other person was attempting to unlawfully enter one's home or vehicle. Police say that does not apply in this case.

"He had 8 miles, numerous exits, many different options to take besides pulling a gun out and shooting."

Evans admitted to antagonizing Smith and told police he has attention deficit disorder. Police are still investigating and say charges against Evans are possible. They say cases like this should be a warning to aggressive drivers.

"You don’t know what the other person is capable of doing."

Smith's attorney, Gerald Smith, tells FOX 7 that his client was acting out of self-defense. Smith has been released from jail on a $15,000 bond.