OKLAHOMA CITY (KFOR) — An Oklahoma City metro man was arrested last week after he admitted to showing a gun to another driver during a road rage incident.
According to court documents, November 19, a woman contacted police and reported an incident where she said a man pointed a gun at her. She told police that while she was driving westbound on the Kilpatrick Turnpike approaching the Pennsylvania Avenue exit she began to brake to allow a semi-truck driver to merge. She said the driver of another vehicle behind her got very close to her vehicle, honked at her and then got in the exit lane. She told police she observed the driver, later identified by police as Joshua Palmer, pulling out a gun and pointing it at her as he drove next to her. Palmer never fired the gun.
"It's this time, this time of year when there's a lot of road rage and people really need to think twice before they react," said Oklahoma City attorney Robert Gifford.
Police were able to locate Palmer and interview him separately. An affidavit for his arrest says he originally downplayed the incident and said he just honked at the woman. When an officer pressed him further, documents say Palmer admitted to having a gun but said he just pulled it out and showed it to the driver; not admitting that he pointed it at her. Palmer told the officer he was confused over the laws on when he can pull his firearm out and use it to intimidate a person. The officer informed Palmer that pulling a gun out in this incident was excessive.
News 4 asked Gifford if there's a gap in state law that leaves that appropriateness of pulling out a gun on another driver open for interpretation.
"It's never going to be ok," said Gifford. "And you're not going to come out on the winning side of it."
Gifford said he believed some Oklahoma drivers are confusing the state's stand your ground laws that apply to homeowners with the rules of the road; and believes drivers will have a hard time convincing the criminal justice system there actions are justified if they resort to perceived threats of violence. Since June, News 4 has reported on at least five similar road rage cases.
"Law enforcement and a prosecutor is never going to see that just because somebody is driving reckless or driving too slow in a left lane is never going to be grounds to pull out a weapon," said Gifford.
Palmer was booked on felony pointing of a firearm. A state statute says it doesn't matter what type of gun a driver uses, whether or not it's actually loaded or if the situation is a prank.
Oklahoma County Jail administrators say Palmer posted bond Sunday. News 4 employees reached out to him for comment but never heard back. If convicted, Gifford says Palmer could face up to 10 years in prison.
