Headline: 1960s Ohio State star sues over road rage arrest
Concealed handgun licensees are, general speaking, a law-abiding bunch - more-so than the average non-license-holder. Crimes committed by concealed handgun licensees are rare. Violent crimes committed by licensees are so rare, in fact, that statistically speaking, a law enforcement officer has been shown to be three times more likely to commit murder than a concealed handgun licensee.
Nevertheless, when a concealed handgun licensee is accused of a violent crime, the news media are quick to make sure that everyone hears about it, just as they did in September 2012 when 1960's Ohio State football star Jim Stillwagon was charged with felonious assault after a reported road-rage incident.
Fast forward to 2014, however, and not only has the concealed handgun license-holder been acquitted, but he is back on offense, charging in a federal lawsuit that investigators altered facts and suppressed and destroyed evidence to pursue their investigation.
From WHIO (CBS Columbus):
Investigators alleged a truck driver was grazed by a bullet when Stillwagon fired at him. Stillwagon had been riding a motorcycle.
Stillwagon, 65, acknowledged firing at the driver three times in fear for his life when the truck began backing up toward him at one point, according to his lawsuit.
Stillwagon said he later fired a fourth shot at a tire on the truck to disable it, then hit the driver in the head with his gun. He said the driver had tried at least six times to attack him during the encounter that investigators say spanned 14 miles.
A Delaware city spokesman declined to comment. A copy of the police report released by the city Thursday quotes witnesses who say they saw Stillwagon shoot at the driver. An investigator concludes in the same report there was nothing "that would definitively confirm or disprove" either version of how the driver received his head wound.
The report also said the driver had a blood-alcohol content of 0.106, which is above the legal limit in Ohio.
The lawsuit says police coaxed the other driver to be a cooperative witness and offered him leniency, and failed to examine evidence, including skid marks, the driver's claim that mechanical issues in his truck occasionally caused it to stall or surge, and a 911 call made by a witness.
Investigators also didn't hand over a state report that questioned whether the driver suffered a gunshot wound to the head, according to the lawsuit.
The report says that Stillwagon, who said the ordeal cost him $400,000 in legal and other fees, is suing to be compensated for his losses and for financial damages against the City of Delaware and the officers, and for attorney costs.
Chad D. Baus is the Buckeye Firearms Association Secretary, BFA PAC Vice Chairman, and an NRA-certified firearms instructor. He is the editor of BuckeyeFirearms.org, which received the Outdoor Writers of Ohio 2013 Supporting Member Award for Best Website.
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