ST. CHARLES, MO (KTVI)-- A motorcyclist shot during a road rage confrontation called on the St. Charles County Prosecutor to reconsider his decision not to press charges against the driver who fired the shot.
Keith Randell, 49, of St. Ann, is recovering from a gun shot would to his upper chest. He says the bullet entered under his left arm, striking his left lung and narrowly missing his spinal column. The incident happened on Bryan Road as the men left Interstate 70 on May 26th.
Tuesday Randell read part of a prepared statement to reporters before choking up and asking his lawyer to complete reading the comments. "But for the grace of God, I would be a dead man," he said. Randell wants the Missouri Castle law revised to limit when a person can use deadly force against another.
Randell's attorney, Robert Pedroli, Jr. urged St. Charles County Prosecutor Jack Banas to reconsider. "Why this man didn't drive away, why he rolled his window down to engage, why he stopped in the first place are all questions we think a jury should have to answer," Pedroli said.
Randell says he slowed down to allow the driver who had cut him off to go away, but "he chose to slam on his brakes and stop short right in front of me in the middle of the road."
Randell then went up to the driver and a verbal confrontation took place. Randell said the older driver then spit on him. He responded by slapping the driver with his left hand; the driver then fired one shot striking Randell.
The 65-year-old driver, described as a grandfather, told police the motorcyclist spit on him first and he was fearful for his safety and the safety of his wife and grandson who were in the car.
St. Charles County Prosecutor Jack Banas said Tuesday the case would not hold up in court, "The only thing that would make me reconsider my decision is if there is additional information that we're not aware of that the police find out and submit down here that would change the fact pattern of what has been submitted."
Banas agrees the Missouri self defense, or "Castle Doctrine" law, has been modified and may need more specific definitions added to it.
But for now the law, "doesn't require him to be in fear of serious injury anymore or death; all it requires is that he is in his vehicle and somebody uses unlawful force to enter the vehicle," the County's top prosecutor said.
Banas described a red mark on the face of the driver he saw during a tape of a police interview conducted after the driver turned himself in to police.
"There is a bruise, a wound on the side of the face which is consistent with him being struck in the side of the face. The motorcyclist says he slapped him, now you're getting into whether it is a slap or a punch," Banas pointed out, adding, "Either way it is unlawful contact, unlawful entry into that vehicle to use unlawful force against him."
Banas noted the grand jury could also indict Mr. Randell for his role in the incident.
No word on whether Randell will sue anyone involved in the confrontation.
Read more: No Charges Filed In Road Rage Shooting