A grand jury in Syracuse, New York has refused to indict a man who shot and killed another during a road rage incident a little more than a week ago. While the grand jury didn't specifically say that the 43-year-old armed citizen was acting in self-defense, comments from the Onondaga County District Attorney's Office make it clear that this was a legitimate defensive gun use, and one that very well could have prevented the armed citizen's death. 

The incident, which took place back on April 23, began when a man named Ezell Hicks Jr. encountered the armed citizen on the road. Hicks' apparently ran a red light, and the armed citizen, who was turning left after his light had turned green, nearly hit the vehicle driven by Hicks. 

The District Attorney's Office said, that after going through the red light, Hicks was in the turning lane when the shooter pulled up next to him. The office said, that at this point, "it's clear the two are talking to each other." The office did not reveal what was said.

Hicks Jr. got out of his car as the two continued to engage, but later returned to it grab a chef-style knife. He then "ran toward" the shooter's vehicle with "the blade side of the knife protruding from the pinky side of his clenched left fist."

Hick's Jr. was then shot three time in the chest, the District Attorney's Office said. The Syracuse Police Department previously reported that Hick's Jr. was shot in the head. He was 5 feet from the shooter's driver's side door. Hick's Jr. died at Upstate University Hospital shortly after being struck by the gunfire.

Even if the armed citizen had started the confrontation with Hicks by yelling at him for running the red light and nearly causing an accident, it was Hicks who was the primary aggressor; first by exiting his car and approaching the man (during which time the armed citizen exercised restraint and did not fire any shots) and then returning to his vehicle to grab a knife. At that point I'd say the armed citizen had a reasonable fear of injury or death, and he only fired his pistol as Hicks charged towards him with a blade in his clenched hand. 

This entire situation could have been prevented, and Hicks would still be alive today if he'd simply stayed in his car instead of escalating the dispute to the point of physical conflict. Even if the armed citizen had given Hicks a piece of his mind and yelled at him while the cars were stopped at a red light, a simple wave of the hand and a "sorry about that" would have de-escalated the situation, and both men likely would have forgotten their encounter with each other within a couple of hours. 

The District Attorney's Office declined to release the name of the armed citizen, citing "ongoing credible threats" against him, which is another issue entirely. The gun owner can clearly protect himself if need be, but let's hope that law enforcement and the D.A.'s office investigates those threats and pursues charges against those who are threatening to harm someone who was merely acting to save his own life from an enraged knife-wielding assailant.