VIRGINIA BEACH, Va. (WAVY) — A man who was involved in a heated road-rage incident close to the Virginia Beach Oceanfront said he was scared for his life, and a local attorney said he was “in reasonable fear,” and thus justified to pull out his gun.
A viral video on social media shows a heated road rage incident close to the Oceanfront, and that man, who was driving a blue Ford Explorer didn’t want to be identified for his safety. He told 10 On Your Side it started on Interstate 264.
“This motorcycle cuts in front of me,” he said. “I back off and he keeps slowing down. I move to go around him, then he starts jacking his jaw like mouthing, telling me to pull over.”
He said he pulled up at the stoplight near the Virginia Beach Convention Center.
“He got off his motorcycle at the stop light and ran at my Explorer,” he said. “He dove at the Explorer and fell down. I took off. What kind of right-minded person does that.”
The driver of the Ford said he lost the motorcyclist and continued toward the Boardwalk area.
He was sitting at the light off Pacific Avenue and 17th Street. He saw the bike coming up.
“He comes up and comes up out of nowhere,” the driver of the Ford said. “Pulls his bike in front of the car and starts walking to the thing and reaches into his bag.”
This is when the driver said he felt threatened.
“I was scared for my life. I was scared for my wife’s life. The current state of the way our country is, you have no idea what anyone is capable of,” he said. “I don’t know what this guy’s problem was. I felt very threatened. I felt threatened for my wife. People are absolutely stupid.”
Tim Anderson, a criminal defense attorney, watched the viral video and said the driver of the Ford was “in reasonable fear” that he would be hurt.
“The real question is, is the driver of the vehicle, in the blue vehicle, in reasonable fear of bodily harm? I think the answer is absolutely yes,” he said. “Under the circumstances with the way the guy is super aggressive, by the guy moving his motorcycle in front of his vehicle (and) then reaching in the bag, those facts are, in the totality of the circumstance in this case, justified the driver of the Ford.”
Anderson said the legal standard is reasonable fear of bodily harm, and he feels what he saw that was caught on camera meets that threshold.
“Anybody in that moment, with the way that man was acting, would feel in reasonable fear of bodily harm,” he said. “That’s the stand to brandish a firearm.”
Virginia Beach Police told 10 On Your Side both men were detained on scene. Police didn’t file any charges.