Road rage against Ohio CHL-holder under investigation

July 22, 2004
Athens News

Road rage incident witnesses sought

Athens police are looking for witnesses to come forward in a road rage incident earlier this month at the intersection of Shafer and West Union Street.

Police officer James Michael said that, so far, the department has only one impartial witness to a July 9 incident in which Dr. Jeffrey McAdoo pulled a revolver on James Kirkendall.

As a result of the incident, McAdoo, 43, of Athens, was charged with aggravated menacing, and Kirkendall, 49, of South Canaan Road, was charged with menacing.

"Because it was so crowded, there must be more witnesses," Michael said. The incident occurred at about 11:30 a.m.

Michael said other than a woman who came to police Wednesday to give a statement, the only witness are McAdoo, Kirkendall and Kirkendall's relative who was in his truck.

"They may be called upon to testify against each other (in Athens County Municipal Court)," Michael said of the two defendants.

The two have a similar story, up to a point.

Both agree McAdoo pulled his car out of the Ohio University Credit Union onto Shafer Street, and, in the process of doing so, McAdoo cut off Kirkendall, Michael said.

Both men also agree that after they came to the stoplight at the intersection, Kirkendall left his truck and approached McAdoo's window.

At this point, however, McAdoo claimed Kirkendall hit him in the face as he punched through his open car window, Michael said. But Kirkendall claims the window was half way down, and he only knocked on the window to yell at McAdoo for cutting him off.

Michael said he did not see any marks on McAdoo's face from the alleged attack, and therefore, he did not charge Kirkendall with assault. But that does not mean that McAdoo cannot still approach the City Prosecutor's Office about filing an assault charge. Michael said he did not want to file a charge that he cannot testify to.

Both men also agree that, as a result of the altercation, McAdoo brandished a revolver, Michael said.

About one week after the incident, McAdoo forfeited his concealed-carry permit to the Athens County Sheriff''s Office pending the outcome of his case. It is the first time someone has had to do so in Athens County, and possibly the state. That could make this case significant statewide, Michael said.

With the concealed carry law only a few months old, there probably are few, if any, case law precedents regarding when the use of firearms or the threat of use of firearms by a permit holder is legal.

"This is awkward for me. Both (McAdoo and Kirkendall) are hardworking, upstanding individuals, and I support concealed carry," Michael said.

Attorney Herman Carson is representing McAdoo, and attorney Bob Toy is representing Kirkendall.

Commentary:
Obviously, all is not known about this incident, even by the prosecutors, who are now seeking additional witnesses.

What IS known is that an enraged driver exited his vehicle, approached the open window of another driver. In this day and age, such actions are almost certain to be seen as threatening.

Ohio CHL-holders should constantly be mindful of the "use of deadly force" advice offered in the Attorney General's booklet.

Ohioans For Concealed Carry will continue to monitor this case. Click on the "Read More..." link below to read how one letter to the editor writer feels about the incident.

Friday, July 23, 2004
Athens News

Doctor was within rights

Editor, The Messenger

I am writing in regard to the road rage and concealed weapon article that appeared in your paper.

I am confused as to why we passed a law to carry a concealed weapon. To me it seems the only reason would be for self-defense, if you're registered for the permit.

I believe that's why you must go through the background checks to assure that it's the good guys that are allowed the privilege. Maybe the whole concealed carry permit was only intended to raise money from the registration fee, court cost, attorney fees, etc.

I can see charges being brought against Dr. McAdoo if he were the one to get out of his car and approach Mr. Kirkendall's car with his gun pulled — but he didn't.

Dr. McAdoo only pulled the gun after he was approached while in his own car. Do you think that Mr. Kirkendall just got out of his car to say in a friendly way, "Sir, did you realize you just cut me off in traffic?" I don't think so.

I don't know either of these people involved in this conflict, but what I do believe is that if Mr. Kirkendall did approach Dr. McAdoo's car as stated, then it was road rage — and road rage is just that "aggressive behavior" from which Dr. McAdoo had all rights to defend himself. Why else would one get out of his car and approach another?

If the law would start punishing the aggressor instead of the victims then maybe we could put a stop to most aggressive behavior.

I bet Mr. Kirkendall will think twice before approaching another car in a fit of road rage.

Shelley Balcom
Glouster