Road rage shooting nets man 4 months in county jail
Posted on Friday, August 3, 2007
Telling Thomas Justin Waller that "we all make mistakes in this life," Fourth Circuit Judge Kim Smith also said Waller needs to serve jail time for shooting his handgun during a road rage incident.
"There's got to be some jail time," he told Waller, 23, of Springfield, Mo., who pleaded guilty June 12 in Smith's court to aggravated assault over the March 26 road rage incident involving a Fayetteville man. He chose to have a bench trial for his sentencing, which was conducted Thursday in Washington County Circuit Court.
"He's not a danger to society," Smith acknowledged, but he did sentence Waller to serve four months in the Washington County Detention Center and six years probation.
Smith said he had an obligation to ensure "somebody's right to go on the interstate and not be having somebody shoot at them."
"There's a difference between being a jerk and pulling out a handgun," the judge said.
He told Waller that the outcome could have been worse.
Aggravated assault is a class D felony punishable by up to six years in prison and / or a fine of up to $ 10, 000. Deputy Prosecutor Dustin Roberts asked Smith for the maximum prison sentence.
Waller fired the handgun in the direction of 35-year-old Steve White's pickup truck the night of March 26, as the two were traveling along Interstate 540 just south of the Bobby Hopper Tunnel near the Washington County line. Nobody was injured. Waller maintains that he fired a warning shot toward no one in particular after the pickup truck cut him off, but Roberts on Thursday pointed to prior statements from Waller that he shot at the back of the truck.
Waller said he was scared and trying to protect himself after being cut off by White. He was arrested near the Arkansas 112 exit in Fayetteville.
Waller's lawyer, Cristi Beaumont, asked for probation because of the effect prison might have on his life.
Waller said it already has caused him problems.
"I lost my job; I lost my place to live; I can't get my daughter," he said, adding that his plans for school were marred.
He said he has been taking anger management classes and working two jobs, and has been allowed to see his daughter recently. He said he planned to go back to school if he got probation.
Waller said White made an illegal traffic move before he got in front of Waller. He also contends that he forced Waller to slow down before Waller caught up with him and fired a shot.
"This is not who I am," Waller said of his behavior on March 26. "I felt like my life was in danger, but I acted poorly."
His girlfriend, Jessica Toney, testified on Waller's behalf, saying he was "an awesome person."
"I've never seen him do anything like this," she said.
Trudy Dugger said Waller let her and her husband live with him for a year because they were homeless.
"He's a good kid," she said. "I don't think he deserves to go to jail."
His friend Matt Wilson said the road rage incident was uncharacter istic of Waller.
Waller's mother, Darlene Stinson, said her son is trying to "build his life again "after the shooting.
"I see him struggle with it every day," she said.
She said he is just starting to bond again with his daughter.
"He is very good with her. I just don't see the jail thing helping that," she said.
Roberts said Waller was "out for revenge"when he caught up to the victim and shot at the truck.
"He responded to an ordinary traffic situation by shooting at someone," Roberts said.
Beaumont said her client is remorseful.
"He's a good kid, judge. He just made an extremely stupid mistake," she said.
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