Institute for Legal, Legislative and Educational Action
COLERAIN TWP., Ohio (WKRC) - Hamilton County prosecutor Joe Deters announced on Thursday that no charges will be filed in the case of a fatal road rage shooting.
On Jan. 21, police were called to I-275 West near the Blue Rock Road Exit in Colerain Township around 6:45 p.m.
A pickup truck and a van had gotten into a fender bender, and the driver of the van, identified as 47-year-old Eric Duke, died at the scene from a gunshot wound.
According to a press release, multiple witnesses reported seeing both drivers acting recklessly.
“They were driving like maniacs,” one woman said in a 911 call.
Witnesses apparently said that Duke drove on the shoulder, side-by-side with the pickup, and forced the other driver across multiple lanes of traffic before abruptly stopping his vehicle in front of the truck in the high-speed lane.
That's when, police say, he backed his van into the truck and got out to confront the driver, banging on the driver's side door.
The man in the truck reportedly had his legs up in a defensive position and warned that he had a gun before being struck in the mouth by Duke. He allegedly fired one shot, striking Duke in the head and killing him.
The pickup driver called 911 after the confrontation, saying, "I shot him. I thought he was going to f*****g kill me. It was self-defense, total self-defense. I couldn't help it, I didn't want to kill the man."
Authorities say physical evidence at the scene was consistent with this version of the events, such as Duke's fingerprints on the truck driver's window, and his blood located on both the inside and outside of the car door.
"The evidence is clear. Both drivers engaged in behavior on our roadways that is totally unacceptable," said Deters, "Eric Duke escalated the situation to a point that deadly force was warranted. It should be a reminder to everyone that rudeness and misbehaving while operating a two-ton vehicle is deadly and dangerous."
Ohio law allows someone to use lethal force to protect themselves if they feel they are in peril.