O'FALLON, MO (KTVI)-- It was a road rage case that escalated into a 65-year-old grandfather wounding a motorcyclist during a holiday weekend.
A husband and wife were riding separate motorcycles when the husband believed his wife was cut off near Interstate 70 and Bryan Rd. in St. Charles County.
O`Fallon police said the motorcyclist approached the grandfather at a traffic signal and punched him before the grandfather wounded the motorcyclist in the chest.
Both parties gave police differing accounts over what happened.
St. Charles County Prosecutor Jack Banas says no charges will be filed against either party. He said the grandfather had the right to defend himself.
Scott Rosenblum represented the motorcyclist and says he is still recovering.
He believes Banas gave the case a thorough investigation but in the end it would have been too difficult to file charges against either party since they gave differing accounts over what happened.
Rosenblum said Missouri law gives someone the right to use lethal force in certain situations.
He said if you fear serious bodily injury or death you have a right to defend yourself in both your home and vehicle.
He said his client is still recovering from being shot a few inches from his heart.
"Certainly his family is very happy that he`s going to survive and it was a very, very terrible situation to go through."
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