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More information in September road rage shooting in Lewisville

Local News, Notes and Events
Posted by WhosPlayin on 2015/10/23 19:40:00 (4521 reads)

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Daniel Glen Beaty, 51 (Lewisville PD booking photo)

By Steve Southwell

An affidavit released by Lewisville PD this week revealed more details about the road rage shooting that occurred in a residential neighborhood of Lewisville this September. Police allege that Daniel Glen Beaty of Lewisville shot through the rear passenger-side window of a Mercury Grand Marquis, striking it’s driver Kenneth Foster in the chest and knee. At the time, police did not make an arrest or release much information about what transpired. On October 7, Municipal Judge Brian Holman determined probable cause and issued an arrest warrant for Beaty, who turned himself in a week later on October 14 on a charge of aggravated assault with a deadly weapon.

According to the document, Beaty was angered by the other driver, who was travelling the opposite direction in the 1300 block of Saddleback Lane. Beaty was driving down the street on the way to his home on another street in the neighborhood. Beaty told police that the other driver, Kenneth Foster, was taking up too much of the road, leaving only inches between the two vehicles as they passed. Beaty allegedly told police that he became angry and honked at Foster “in an obnoxious way”, but then saw the car make a U-turn in the street after they passed.

Foster told police that he had just left his home on Saddleback, headed out to go play racquetball. He pulled out of the alley, and into the street, headed west. He said he didn’t recall being off-center in the lane, but that after he had passed the white truck driven by Beaty, he remembered that he had forgotten something at home, so he made a U-turn in the street, headed back towards his house. He would tell police he never heard the honking.

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The victim's car, a black Grand Marquis sat in the 1300 block of Saddleback Drive while police investigated September 16 (LTJ Photo)
Beaty told police that when he saw Foster’s car U-turn, he believed the driver was coming after him. Not wanting to get into a chase near his home, Beaty pulled over to the right side of the road and stopped. Photos taken at the scene by LTJ indicate his stop would have been at the entrance to the alleyway. At this point, Beaty says that Foster’s car came up towards his car “a little too fast.” The affidavit says that Beaty, who has a concealed-carry license, pulled a .45 caliber Kimber Ultra-Carry semi-automatic pistol from the console of his truck, and racked the slide to load a round into the chamber. Rolling down his driver-side window to avoid damaging it with a shot, he pointed it out his window with both hands toward Foster’s car, which had pulled up beside him.

Foster drove up the street and came up to the truck where Beaty sat with his gun. He would tell police that as he slowed down, and looked over, he heard a ‘BOOM’ like an explosion. “ chest was burning,” he told them. The bullet grazed the right side of his upper chest, and entered his left knee. Foster told detectives that he didn’t feel the knee wound at first, but looked down and saw the blood, realizing “holy shit, I have been shot.” Foster said that he put the car in park and got out, taking cover behind the driver’s side rear wheel. He told police he didn’t see the other driver, but that after he had gotten out of the car, the man was yelling at him “What do you want?” Foster said he yelled back “I don’t want nothing, man!”

Beaty told the detective that he fired his weapon because he feared that the other driver was ‘coming to get him’ and would punch, shoot, or stab him. His story differs from that of the victim, in that he told police he fired his gun when Foster was getting out of the car, and that he thought he had shot him in the back. But he also told police that he gave the man no verbal warning before shooting because the driver’s windows were rolled up. Beaty told police he yelled at the man “What do you want?” He told police that Foster said “I want my racquetball club [sic]”. Beaty told detectives that he thought the man was a “big guy” 6’1” or 6’2” in height. Police say in the affidavit that Foster is actually 5’7”, 190 pounds, and is not one that would be mistaken as a big guy.

Foster, at this point outside of his car, taking cover there, thought better of it and decided to get back into his car and reverse away from the shooter and his truck. He told police he backed up about 50 yards, but stopped because another car was coming and he didn’t want to hit it. It was at this point that Foster said he called 9-1-1 to report that he had been shot.

Beaty pulled forward after the shooting, coming to a stop just about 15 feet ahead of where it had originally stopped, according to police. Beaty then dialed 9-1-1 to report that ‘a guy came at him, and he had to shoot him’.

Police say both men stayed on the scene until the authorities arrived. Both cars were searched with permission, according to the affidavit. In the trunk of Foster’s car, they found a sports bag with equipment, including two racquetball racquets. Police recovered Beaty’s gun from his truck’s center console with one round in the chamber and four left in the magazine. One spent shell casing was found on the scene.

Lewisville police Detective Andrea Fisher stated in the affidavit that there was insufficient evidence or circumstance for Beaty to believe he was in danger. She said the only weapon in play at the time Beaty rolled down his window and decided to shoot was Foster’s car, which was no longer a threat because it had passed without striking Beaty’s vehicle. She said that Beaty had indicated a fear of Foster because a lot of people carry guns in their cars, but that there was no gun found in Foster’s car, and there were no accusations that Foster had a weapon. Fisher said that Beaty was in a car with locking doors, and that he was not blocked in, and would have been able to drive away to safety.

Beaty remains free on $500 bond. The case will be presented to a grand jury for indictment. Property records show the two men live a few houses away from one another, on different streets that share the same alleyway. LPD Lieutenant Chris Butterworth said Friday that in these cases, police confiscate the suspect’s concealed handgun license, pending a hearing by the Department of Public Safety. Beaty would not be allowed to carry, pending the results of that hearing. Butterworth said police also still have the gun. Because Beaty was in a motor vehicle and fired into another motor vehicle, he could be charged with a first-degree felony. If found guilty, Beaty could serve 5-99 years in prison.

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