Indianapolis Road Rage Shooting: Legal Analysis By Attorneys Andy Marcantel And Emma Wittmann
August 2, 2024
In a fatal Indianapolis road rage case, criminal defense attorneys Andrew C. Marcantel and Emma Wittmann review footage of the incident and apply legal principles to determine the original aggressor and whether the defendant’s use of deadly force was justified.
“The main first thought that I had was this is just utterly tragic, everything about it just totally avoidable.”
– Attorney Marcantel
Background
The video evidence, which lasts only about eight seconds, appears to miss the initial interaction between the individuals involved. At the start of the footage, a black vehicle is seen parked in a way that blocks a white pickup truck. A man in a green shirt, identified later as Gavin Dasaur, exits the black car while brandishing a firearm and shouting, while appearing visibly angry and agitated. Mr. Dasaur approaches the white truck and punches the driver’s side door while holding the gun. It’s unclear whether he made direct physical contact with the driver. At one point, he switches the gun from his right hand to his left and raises his right hand; at that moment, the driver of the white truck shoots him multiple times.
The Legal Analysis
The attorneys center their analysis of whether the shooting qualifies as self-defense on two key legal principles: the presence of an imminent deadly threat and the proportionality of the response. The attorneys conclude that the driver of the white truck was justified in using deadly force under these standards. Mr. Dasaur appears to be the initial aggressor, exiting his vehicle while armed, making threats, and striking the driver’s door. These actions could reasonably be perceived as the presence of an imminent deadly threat by the driver of the white truck. While critics may argue that Mr. Dasaur never pointed his gun and thus did not justify a lethal response, the attorneys disagree, emphasizing that a weapon does not need to be aimed directly at someone to present a credible and immediate threat.
“In order to act in self-defense, you don’t have to wait until somebody points the gun and aims it between your eyes with their finger on the trigger. That is not what is required in the United States of America.”
– Attorney Marcantel
Indiana’s Stand Your Ground Law
The attorneys point out the importance of knowing what is allowed under the laws of specific states. They cite Indiana Code § 35-41-3-2, which includes a “stand your ground” or “no duty to retreat” provision, which strengthens the white truck driver’s assertion that they acted in justified self-defense. The attorneys also explore hypothetical scenarios, such as if Mr. Dasaur had exited his vehicle unarmed while acting passively, but was still shot. Even in that case, the attorneys argue Mr. Dasaur would still likely be found to be the aggressor because he exited his vehicle.
Subsequent Investigation
After the shooting, police arrived quickly, and the white truck driver remained at the scene. Although briefly detained and questioned, he was released shortly afterward. The attorneys agree that the decision not to arrest him indicates that authorities likely viewed the shooting as justified and non-criminal. They believe the evidence strongly supports the driver’s claim of self-defense.
“The only thing that’s important at the end of the day is what a jury is likely to think is reasonable whenever you’re using self-defense.”
– Attorney Marcantel
Reflecting on the incident, the attorneys stress that it could have been entirely avoided, emphasizing the critical importance of de-escalation and staying in your vehicle during road rage incidents, no matter how angry you are. Attorney Wittmann points out that while it is normal to lose your temper in traffic, escalating to violence is never worth the risk.
“The moral of the story here is, it’s just not worth it.”
– Attorney Wittmann
Please visit our website at attorneysonretainer.us to learn more about our self-defense program and how it can protect you. You can also explore attorneysforfreedom.com to learn more about our law firm, where our attorneys are fully dedicated to representing clients in self-defense cases. If you have any questions, don’t hesitate to call 866-404-5112 or email us.
