DA's office: No charges in Taco Bell shooting
No charges will be filed in a fatal shooting at a Springs Taco Bell last month, the district attorney's office said Thursday.
The shooter's family told 11 News that the incident began as road rage, and that as the dispute escalated, 80-year-old Jack Rogers warned 23-year-old Jesse Garcia he had a gun.
"My dad warned the young man, 'Leave me alone. There is a gun right here,' and he pointed to his console, which was an open weapon. And the young man reached across my dad's chest and reached for the gun. So they were struggling for the gun and the gun went off," Rogers' daughter Joni told 11 News after the shooting.
District Attorney Dan May said surveillance footage backed up Rogers' account.
"Everything he said has been confirmed by the physical evidence and by the videotape itself."
The DA's office said prior to the argument, Garcia was tailgating Rogers as Rogers drove to the Taco Bell near South Nevada and Brookside. Garcia followed Rogers into the parking lot, and confronted Rogers after they both parked, according to the DA's investigation.
Based on the results of the investigation, Rogers will not be charged.
A similar incident in Colorado Springs got national attention back in 1993. A teenager was shot and killed on the shoulder of I-25.
Vern Smalley said the teen came up to his car and attacked him following a road rage incident.
Smalley was acquitted. He said he pulled out the gun for self-defense and it went off accidentally.
You can read that full story