Charges in 2020 road rage shooting dismissed, solicitor cites castle doctrine

May 6—The suspect in a 2020 road rage shooting, which left an Aiken man paralyzed, will not be tried in court following new findings that suggest he was acting in self defense.

Joseph Ryan Cincotta, of Aiken, was charged with assault and battery of a high and aggravated nature in connection to the shooting, according to a previous Aiken Standard article. Charges were dismissed April 12, but the man who was shot is still taking civil action against the shooter.

The 2020 shooting

At approximately 8 a.m. on Sept. 15, 2020, the Aiken Department of Public Safety received a 911 call reporting a shooting incident in the parking lot of the Circle K convenience store on East Pine Log Road.

Police found Cincotta still on scene, standing near 44-year-old Rick Ford, who had been shot in the upper torso, according to an incident report obtained from Aiken public safety.

During a phone interview with the Aiken Standard on April 13, Ford said Cincotta was "driving erratically with his child in the car" before cutting him off and he was concerned about the child's safety. Ford said he questioned Cincotta about his driving at a red light and a verbal altercation ensued.

Ford said Cincotta asked him to pull over and the pair parked in the gas station parking lot.

Solicitor Bill Weeks said video surveillance shows Ford exiting his vehicle, running up to Cincotta's car and putting his hands in Cincotta's driver's side window.

Ford alleges Cincotta was pointing his finger at him and he was hitting it away, but never put his hand inside the vehicle — which was locked at the time of the incident. Ford said he was not aware Cincotta was armed and after the argument turned physical, Cincotta pulled out his gun and shot him.

"He shot me, got out and stood over me with a gun in his hand," Ford said. "I didn't have any weapons or anything on me. All I remember is laying on the ground and I leaned up to try to get my cellphone out to call my wife to tell her I was shot."

Weeks said evidence leads the state to believe the road rage incident was precipitated by Ford, and Cincotta was acting in self-defense, as outlined in the stand-your-ground law.

Ford said Cincotta was the one who asked him to pull over and does not believe he instigated the argument. He said he just wanted a jury trial.

"They dismissed the case and he got to go free," Ford said. "I wanted the case over and done with and him to serve time as punishment, but the case just got dismissed and I didn't like that at all."

Ford, who was paralyzed from the waist down after the shooting, said he has undergone multiple procedures in an attempt to regain is mobility.

"I'll never be able to walk again unassisted," he said. "I just wanted justice done for what happened. I can't walk, I can't take a shower anymore, I can't get in my bed or change my clothes — it's tough."

Lt. Jennifer Hayes with the Aiken Department of Public Safety said she would suggest members of the public always give themselves extra time to get to where they are going.

"Always drive courteously and cautiously, obeying all traffic laws," Hayes said. "Don't react to other driver's aggressive actions. Additional aggressive reactions only escalate the situation. If you ever feel unsafe, contact law enforcement immediately."

Civil action

Ford filed a civil lawsuit against Cincotta on Nov. 15, 2021, alleging assault and battery.

The complaint states "the Defendant had no right to rely on the 'castle doctrine' because he had initiated the conflict by his unlawful actions."

The doctrine protects South Carolinians' right to remain unmolested and safe within their homes, businesses and vehicles.

It states a victim should not be required to needlessly retreat in the face of intrusion or attack.

Causes of action listed in the complaint include assault with a deadly weapon and infliction of mental distress.

Ford is seeking damages "as the court and jury may find just," according to the complaint.

An answer filed by Cincotta's attorney, Elizabeth G. Wilkerson, on Dec. 15, 2021, states Cincotta had a concealed weapons permit and was in lawful possession of a pistol at the time of the incident.

The answer also states, "the injuries and damages sustained by the Plaintiff, if any, were due to and caused by and were the direct and proximate result of the negligence, carelessness, recklessness, willfulness and wantonness of Plaintiff, and recovery should be barred or reduced in proportion to Plaintiff's negligence as provided by law."

Some of the areas in which the answer alleges Ford was negligent include "legal provocation and malice in failing to take evasive action to avoid the incident [and] in failing to use the degree of care and caution that a reasonably prudent person would have used under the circumstances then and there prevailing," according to the court document.

Road rage incident in North Augusta

On May 2, the North Augusta Department of Public Safety released a statement seeking the public's assistance in locating the suspect in a road rage incident that occurred between two men on Knox Avenue on April 29.

Just before 1:30 p.m. on April 29 officers with the North Augusta Department of Public Safety officers responded to the Sprint convenience store at 6043 Jefferson Davis Highway for reports of a shot being fired at the intersection of Martintown and Atomic roads.

Upon arrival, officers found a man bleeding from his head, according to a previous Aiken Standard article.

The victim told officers a driver in a tan-colored SUV cut him off while he was on Knox Avenue and that when the two men pulled to a stop at East Martintown Road, the driver began yelling at him from his vehicle, according to the previous article.

"Aggressive driving is one of the leading causes of road rage," said Lt. Junior Johnson with North Augusta public safety. "We would like to encourage all drivers to exercise caution while driving for their safety and the safety of others. We would also like for drivers to exercise as much patience as possible with other drivers."

The incident ended when the pair reached the intersection of East Martintown and Atomic roads and the suspect "brandished a handgun and shot one time into [the victim's] vehicle," according to public safety.

The suspect followed the victim to the Sprint station before turning onto the off-ramp headed to Georgia. Public safety issued a be on the look out alert to the Richmond County Sheriff's Office.

On May 2, police released a statement asking for the public's assistance in gathering information about the incident. Public safety identified the suspect vehicle as a tan Lexus or Mercedes.

If anyone has information about the road rage incident in North Augusta, they should call Detective Fox at 803-441-4217. Tips will remain anonymous.