Deadly shooting ruled self defense

SUFFOLK, Va. - Suffolk Police charged a 36-year-old Carrollton, Virginia man with Murder and Malicious Wounding in a shooting that injured one man and killed another in October. The Suffolk Commonwealth's Attorney's Office has since determined that Chad Andrew Kinney acted in self defense and will not be charged in the case.

The shooting happened in the 8900 blk. of Eclipse Drive on October 17.

Police say Kinney was driving on Eclipse Drive at around 9 p.m. when he encountered a vehicle operated by another man, identified as Glenn Joe Bauwens, 42, of Suffolk. Bauwens had another man and two females with him in his car when he and Kinney became involved is some type of road rage altercation. Police say that's what led to the shooting of Bauwens and one of his passengers, identified as Dennis W. Bailey.

According to the Commonwealth's Attorney's Office, the Suffolk 911 Center received several calls concerning the shooting beginning at approximately 9:07 p.m. The first call came from Kinney. Kinney was hysterical and said he had been shot and that he had shot someone. He said he had been chased and had been struck in the face. He told the 911 operator where the incident took place and said he had placed his gun behind a tree.

When officers arrived, they noticed Bailey and Bauwens were wounded. Kinney was on his knees waiting for the officers.

Both Bauwens and Bailey were transported to a local hospital where Bauwen was pronounced dead a short time later. Bailey was transported to the hospital and survived.

A toxicology report showed both Bauwens and Bailey were heavily intoxicated at the time of the incident.

Chad Kinney, was very cooperative with the Suffolk Police Department according to the Commonwealth Attorney's Office. His version of what occurred was accurate with physical and other evidence in the case.

Kinney testified in court that he was headed to his step-father's house on Eclipse Drive when he noticed a truck swerving and driving erratically. He thought the truck was turning, but as he passed it on the left, Kinney said he noticed the truck was pursuing him from behind. At that point, Kinney testified he thought he made the driver mad and attempted to flee by turning into the cemetery thinking the truck driven by Bauwens would just turn around an go another way, however, Kinney said Bauwens blocked him and he wasn't able to leave the area.

According to both Kinney and other witnesses, Bailey and Bauwens got out of the truck and yelled and cursed at him and immediately and quickly walked up to his car. They were, clearly hostile as they approached, one to each side of his car with Bailey approaching the driver's side and Bauwens the passenger's side.

Bauwens was under the influence of both alcohol and cocaine and Bailey was extremely intoxicated. Kinney, in his words, "froze" and could not back up. Kinney's driver's side window then "exploded." In Kinney's statement, he said he thought it was from a gunshot, and that he was about to be killed.

An officer noticed two small cuts on Kinney's face that Kinney said came from the broken glass on the driver's side. Kinney also noticed one of the men was trying to get into his front passenger door. He shot out of the broken driver's window and shot through the front passenger window. After that, he ran to get help.

Kinney said he would have liked to have backed his car away from the assailants, but that it happened so fast.

After reviewing the facts in this case, the Suffolk Commonwealth's Attorney's Office, determined the facts in this case show Kinney was confronted with a rapidly evolving situation where he was alone while being attacked by two strangers in a dark graveyard. It's both obvious and clear that the attack transpired so quickly that Kinney had no opportunity to escape.