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I think some apparent road rage caught on camera has a couple in North Carolina facing serious charges there in court today.
But the cell phone video that captured the confrontation.
Is raising questions about who really started this -- scout live in Alaska you know Trace.
-- Its name is Bradley turner -- he was driving with his wife and young daughter in Newport North Carolina he claims -- pick up truck cut him off so he followed that pickup truck for forty minutes all the way back.
To the truck drivers house.
And that's when a girl in the back -- of the truck began videotaping.
It picks up here with Bradley turner getting out of the car walking over.
-- watch him go away and he starts the fight punching the guy in the car the two kids in the truck get out and you can clearly see they are getting the better of Bradley turner.
They begin to -- him breaking his nose not into the ground now watch because the wife comes around she hands her husband a -- Listen now because the gun discharges.
-- -- once they got the two guys the two kids stay in the truck Bradley turner gets back in his car and he drives up that's where the videotape bands but not where this story ends because apparently he drove off.
And then he drove back toward.
The boys in the truck and they pick it up from here.
We walked back outside we saw him drive by and pull -- -- -- just passes house.
And he turns back becoming west they're eastbound -- -- westbound lane going or coming traffic so renewed his comeback to his house so we wouldn't side.
Any more than the yardage how much -- has only caught -- someone would.
Fired at Truckee considerable holes there and nobody was hurt by the gunfire that man and his wife facing a number of different charges -- it.
Unbelievable Trace thank you joining me now to discuss it.
-- -- -- former prosecutor now defense attorney and David -- who is a defense attorney.
That man mr.
turner and his wife facing multiple assault charges John and -- he claims that he got cut off.
He did go over look like he threw the first punch for that video but does it matter if this guy endangered him his wife and his young daughter.
In the back of his truck on the road.
-- -- this I followed that truck full of kids they're they're young people are more -- Not that.
That's plenty of time to cool down I -- surprised that they didn't charge him with attempted murder but -- -- went off after a lot of them for forty minutes and had a tragic thing about you even that long did -- not looking for an apology hey kids blow it out not to look more.
These -- knew that they wanted somebody was going to get -- this guy should be charged with even more.
Why didn't they charged with attempted murder when -- -- -- he's firing had a gun at them as their running away David.
Well -- from his perspective these kids tried to run him off the road that was his initial statement.
I don't know whether we're just simply cutting a -- or was an assault with a deadly -- weapon if he reasonably perceives that the kids are assaulting him his wife and a small child of deadly weapon.
Then he can use deadly force in response not a question is what does that threat from the kids mitigate.
I mean they go back to a house and he comes over confronts them yes and maybe it should have ended there but then they graciously attack in 211.
And could have.
They -- certainly a camera that can get anyway yeah.
And they could've killed and that his wife gets the gun maker and it doesn't really let the kids got John -- and.
-- -- really hot charges right.
Yeah they allegedly hit a bit after -- -- what they have threatened.
Start and one is mitigated to using -- a great law school hypothetical but I don't think he should be charged with.
Attempt assault deadly weapon -- -- business.
I love I love my tennis court panel -- this is what lawyers -- It -- -- brutally attacked him for the rights and after he brutally attacked them but which is a defense in court I'm gonna show you this again we're gonna watch this will mark -- And get into the the other aspect of this -- of the victim -- Our -- so let let me get it and give it back to you because even though nobody believes that they they attacked Kimberly first then as David.
Seem to be implicating.
Force has to be proportionate to the force being used and did these two could -- to be in trouble could this guy going to court today in court today and say.
I I misbehaved.
That -- control should have followed them action at the -- that -- but what they did to me watch this video your honor and was out of line.
So it is true.
That the you know burden of -- the -- so to speak ten ship during a fight that's true that that can happen.
But here is you got to look at the totality of the circumstances first the defendant that I'm gonna kill you and then he continued the file them for forty minutes.
I would have thought -- Byron that truck driving that he's gonna make good on his threat.
Over to the vehicle.
But first the way the nose in game -- at that point and -- burden shifted mega.
When his -- handling -- that the car and they're not gonna like it that act of god like hey baby here the deadly weapon for obvious breastfeeding junior in the back -- -- You know that bit.
It was completely game on these guys the two victims are a totally self defense they should not be charged with.
And our client and by the way we don't know whether that there was never loaded maybe you know he knew was not motivated discharged accidentally or he did that on purpose and not knowing him as close as -- about why no murder -- to diverted charges David.
But getting it is it.
That guy with a black sky and by the way that the kid that they ordered the driver victim said.
On camera the -- sitting kill me but -- he told a different story to local reporters saying he said he was gonna kick my a I'm not saying that they have to be perfectly consistent but that's what the defense lawyers -- bring -- David.
Absolutely I mean is big difference between a punch and getting killed and Megan.
You know the problem with this case is I think the only thing outside mutual combat which isn't a criminal charge is when Bradley -- at the end and then fires the weapon into an -- unoccupied vehicle which is a criminal charge.
-- he's got a defensive battle but.
What -- probably even if you have belatedly first fired it he wound up finding his bullets that he went back any shot up the kids car.
Yup that's a problem for.
And while he did it the kid was on the phone with nine the one saying he drove away he came back women of the house he fired shots in the yard now is out there driving back and forth.
These kids were scared and his driver was out of line -- road rage.
It's an -- around that -- cuts you off you just do what I do.
The fact that I.
Hear it isn't so much more than that behavior that -- everybody heard autograph from you imagine the pain that I think that I he had thank you will regret it.
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