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Road Rage Suspect Claims Shooting Was Accidental

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Nov 17, 2009 1:47 pm US/Mountain

Road Rage Suspect Claims Shooting Was Accidental

Reporting
Raj Chohan
WESTMINSTER, Colo. (CBS4) ― A man accused of killing a driver in a suspected case of road rage says the shooting was an accident.

The victim was Justin Maggard, 21, from Broomfield. He was shot Friday night near 120th and Huron in Westminster.

The suspect's girlfriend witnessed the shooting and gave police some interesting information including what the suspect told her on the phone shortly after the shooting.

While Travis Smith, 26, told police the incident was an accident, there was enough conflicting evidence to convince police to arrest him on suspicion of first degree murder.

The incident happened when Smith was allegedly involved in some kind of ongoing traffic dispute in which a car may have swerved in front of him forcing him to brake suddenly.

Police say when he pulled up beside the car, he pulled a gun out of his glove compartment. He told investigators he felt threatened and that somehow the gun went off.

"Mr. Smith told our detectives that he didn't intend to discharge the firearm that it was an accident," said Trevor Materasso with Westminster Police.

Smith told police the gun was fired from inside his own car, but the evidence may tell a different story.

"That shell casing was found outside of the vehicle," explained Trevor Materasso. "And the way a firearm discharges or ejects a casing out after it has been fired, we would believe that shell casing should have been found inside the vehicle had the gun been fired inside the vehicle."

Smith's girlfriend, who was driving behind him at the time, said in the arrest affidavit she heard a "noise that sounded like a gunshot." Then saw "the driver of one of the vehicles get out of his car and stumble into the traffic lanes."

Later Smith called her cell phone. "He was crying and made the statement that he was going to jail."

Police arrested him at his Commerce City home.

"I feel better," said Stephen Plante, a neighbor. "I think everyone else should now that someone like him is off the streets."

Smith remains in custody without bond at the Adams County jail.

(© MMIX CBS Television Stations, Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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