Prosecutors have dropped charges against one of the Florida men who shot at each other’s children during a road rage incident.
The October shooting unfolded after 36-year-old William Hale allegedly threw a water bottle at the vehicle that Frank Allison, 44, was driving, prosecutors in Jacksonville said. Mr Hale then fired the first shot, wounding Mr Allison’s five-year-old daughter before Mr Allison returned fire, striking Mr Hale’s 14-year-old daughter.
The men were initially charged with attempted murder, but prosecutors have since dropped charges against Mr Allison arguing that his response was a justifiable use of force because Mr Hale’s threats created a “well-founded” fear that violence was imminent, WTLV reported.
Mr Hale’s daughter was hit just above the calf, while Mr Allison’s teenager suffered a collapsed lung.
Mr Hale is now facing seven counts of attempted murder, aggravated assault and shooting deadly missiles.
Mr Hale is scheduled back in court for an arraignment hearing on 20 April.
Both Mr Hale and Mr Allison had permits to carry their weapons.
Bodycam footage of the 8 October incident released last year showed deputies with Nassau County Sheriff’s Office responding to the scene.
In the video, Mr Allison is heard telling deputies that he “would never put his daughter in that situation,” as the teen is evaluated by paramedics. Both minors were expected to recover fully from their injuries.
Court filings obtained by WTLV state that Mr Allison believed the driver in the other vehicle, later identified as Mr Hale, threw a hard object at him, which law enforcement said was a water bottle.
Prosecutors said that Mr Allison then felt as though he needed to open fire “to prevent imminent death or great bodily harm.”
Although the men offered inconsistent accounts of the moments leading up to the shooting, a motorist reportedly told police that they saw Mr Hale allegedly try to run Mr Allison off the road.
The witness did not see the shooting but said that he saw Mr Hale tail-gating Mr Allison in a game of “cat and mouse.”
“[Mr Allison’s car] was clearly attempting to get away from [Mr Hale’s],” the witness told police, per WTLV. “... [with Mr Hale] forcing [Mr Allison] partially off the road on several occasions.”
