Athens CHL-holder threatened in road-rage incident will NOT be charged
September 20, 2004
Athens News
Charges dismissed in road-rage incident
By Jim Phillips
Two men who were involved in a July "road rage" incident in which one of them pulled a gun both have had criminal charges against them dismissed, and have agreed to enter court-ordered diversion programs.
On Sept. 13, the cases of Dr. Jeffrey McAdoo, 43, and James Kirkendall, 49, were resolved in Athens County Municipal Court. McAdoo, a local ophthalmologist, was facing a charge of aggravated menacing, a first-degree misdemeanor. Kirkendall, of South Canaan Road, was facing a lower, fourth-degree charge of menacing.
In a July 9 incident, McAdoo reportedly pulled out in traffic on South Shafer Street, cutting off Kirkendall's vehicle. Kirkendall then allegedly approached McAdoo's vehicle to berate him about his driving.
McAdoo claims Kirkendall threatened him with physical harm, and the complaint filed against Kirkendall in Municipal Court alleges that "by his yelling and aggressive behavior toward the other driver (McAdoo), and by threats made to police officers about the other driver, did cause the other driver to believe that James Kirkendall would physically harm (him)."
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In response, McAdoo pulled a handgun on Kirkendall, though this happened before police arrived on the scene. According to the complaint in his case, McAdoo's brandishing the gun caused Kirkendall "to believe that Jeffrey McAdoo would shoot and kill him."
The physician had a state concealed-carry permit at the time of the incident, though it was suspended while his criminal case was pending.
The city prosecutor's office agreed not to pursue prosecution of either man, if each agreed to go into a diversion program.
"Both of them were interested in that," said City Prosecutor Lisa Eliason. "I think this was a good resolution, in everyone's best interests... Both of them wanted to get on with their lives."
She said both men will complete a defensive driving course. In addition, Kirkendall will perform 12 hours of community service and undergo an anger evaluation.
Eliason noted that both men had hired private attorneys, that a trial would have been expensive, and that "it was kind of an odd situation; both of them would sort of be the victim in the case."
According to documents filed in the case by his attorney, McAdoo was even ready to call in doctors as witnesses to testify on "the risks associated with head trauma, potential trauma from being struck with a human hand," and how the signs of having undergone an injury can sometimes show up only some time after the trauma occurs.
And even if the city took the men to trial and won misdemeanor convictions, Eliason said, the outcome for the two might not have been much different than it is now.
The case attracted attention locally and across the state, from people on both sides of the gun-rights issue. Ohio's concealed-carry law only went into effect earlier this year.
Related Stories:
Concealed carry supporter glad to see clarification appear in Athens News
Attorney: Witnesses located in road-rage case
Police, gun-rights supporters watch local case with interest
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