http://www.woodtv.com/Global/story.asp?S=6591402&nav=menu44_2 wrote:
STANTON -- Road rage turned into a shooting, and the man in custody said he was just protecting his property.
Wednesday afternoon in Fenwick, east of Greenville in Montcalm County, Mitchell Fitzgerald allegedly shot Eric Harrington in Fitzgerald's garage. Fitzgerald's family told 24 Hour News 8 he was driving home when Harrington, traveling in the other direction, drove into Fitzgerald's lane and caused him to swerve off the road.
There are conflicting stories to what happened when the two passed each other, but Harrington turned around and followed Fitzgerald to his home. Skid marks are visible where Harrington stopped in front of Fitzgerald's home.
Witnesses describe a chaotic scene in the garage and driveway. Eventually, they say Fitzgerald shot Harrington, 26, with a 16-gauge shotgun just below the right knee.
Fitzgerald's fiance said Harrington was threatening Fitzgerald's family. "I heard this guy saying, 'I'm going to come back, I'm going to come back with guns and get you and get your family,'" Nicole Russo said.
Fitzgerald's stepfather and grandfather arrived on the scene trying to control the confusion." He acted like he was in a rage, it didn't matter who got in there, he wanted to hassle with them," said Scott Palmateer. "As I recall he had sucker-punched me, wheeled back around like he was going back after Mitchell."
Scott Palmateer said Harrington acted like he was leaving, then turned around, looking for Fitzgerald. After a few warnings, Fitzgerald shot Harrington.
Fitzgerald, 20, was charged Thursday with great bodily harm less than murder.
24 Hour News 8 checked state law about using force on your own property, and found a law designed to protect homeowners who fear for their life. The Castle Doctrine allows a person who is on their own property and feels their life or someone else's life is in danger to use non-lethal force.
But the prosecutor, Andrea Krause, said, "given the facts as I know them, I believe the appropriate charge was filed." Beyond that, investigators aren't commenting.
The extent of Harrington's injuries aren't known, but they are not life-threatening.
Protecting one's family, or unjustified use of force?