7-second viral video of an Indy man’s killing raises questions about self-defense, road rage

The viral video captured in Indianapolis has made rounds across the country.

You've probably seen it: A man in shorts and a green shirt holding a handgun approaches a white 2016 Chevrolet Tahoe and bangs on the driver-side window before the pickup's driver, who also was armed, fatally shoots him.

The 7-second viral cellphone video caught by another driver about 8 p.m. Tuesday at the intersection of East Thompson Road and South Emerson Avenue on the city's southeast side shows the irate man yelling at the pickup's driver, whose window was down.

The driver's hands are seen waving the man away in the video before the man punches the front side passenger door with the handgun in his right hand. The man then switches the gun to his left before raising a finger to point in the opposite direction of the pickup.

That's when the driver fires off three point-blank shots out of the window.

The video has led to wider discussions about self-defense, road rage and stand-your-ground laws.

While most believe the shooting was justified based on the short clip, that isn't so easy to determine, a Second Amendment expert said.

Was the man in green the initial aggressor? The viral video starts after the altercation between drivers was underway.

Related: She was killed during an apparent road-rage shooting. But Indiana law protects the shooter

"Indiana's self-defense law says you can't claim self-defense if you are the initial aggressor," Second Amendment attorney Guy Relford told the IndyStar. "So that's an open question here. Who was the first one who did something? Did someone instigate? All of these reasons are open to interpretation."

Relford, who is also the founder of a gun rights group, teaches a class focused on road rage. He deals with road rage cases frequently as an attorney; probably more often than people would think.

"I have six or eight pending cases right now," Relford said. "People get so incredibly angry at other drivers for very small reasons. You really need to take a deep breath in these situations because next thing you know somebody's pulling a gun out."

The driver of the Chevy pickup was questioned by police and released without being charged, but the investigation remains ongoing.

Indiana's self-defense law

Indiana is among 45 states with some form of "castle doctrine" law allowing a person to use deadly force in certain situations.

Relford believes it's unlikely charges will be filed because Indiana's castle doctrine law gives a person the right to use deadly force to defend their home, but this also extends to their motor vehicle.

In this case, if the shooter felt threatened and feared for his life, they would have the right to shoot.

The unknown, Relford said, is what happened leading up to the shooting.

A series of videos Relford received from another driver initially in front of the two vehicles involved in the shooting gives some insight into those moments.

A blue sedan is seen pulling in front of the pickup on Thompson Road, which is a single lane because of construction.

"You then see in the video it looks like the truck is tailgating him," Relford said. "We don't know this, but if the guy is driving slow, he could be doing what we call 'brake-checking' people. That's when you purposely go slow as a kind of 'Oh, I'll show them.'"

Once the roadway opens into two lanes, the pickup and the sedan are seen speeding side by side before both pass the vehicle recording them on either side, with the sedan going into oncoming traffic lanes.

Off camera, you hear car horns honk, followed by three gunshots and a woman's anguished screams.

Gavin Dasaur, 29, latest to get caught in city's deadly road rage surge

"I held him as he bled out and I was waiting for the ambulance," Viviana ZaMora, Gavin Dasaur's widow told IndyStar. "I am at a loss for any more words. As a grieving widow, my heart is shattered and my world will never be the same."

Their love story started at Starbucks five years ago.

The newlywed couple had just gotten married 17 days before the shooting on June 29.

"We were so in love and had many plans for the future," Viviana ZaMora said. "Like starting a family and enjoying our honeymoon, and traveling all over the world."

But a split-second decision with a firearm changed all of that.

"He did not deserve to die this way," ZaMora said.

His family and friends laid him to rest on Friday.

If you find yourself in a road rage situation

Indianapolis Metropolitan police officer Amanda Hibschman said that although the department does not track the city's road rage shootings, the big picture is to remain calm.

"We can all recall a time where we've made a mistake on the road," Hibschman said. "Give people grace and give people the benefit of the doubt. You shouldn't have to pay (with) your life because of that."

Hibschman said if you find yourself in a potential road rage situation here's what to do:

Think twice before you honk: Indy road rage shootings keep climbing

1. Remain calm. It's critical that you stay calm behind the wheel

2. Call 911 if you feel threatened by another driver and be ready to give a description of the other vehicle

3. Don't speed up and don't get just as angry as another driver

4. Take a different route or if you're able to, pull over to create distance from you and the other driver

"The worst thing you can do is get upset," Hibschman said. "Do your best to avoid conflict. Do whatever you can do to de-escalate the situation."

Indianapolis is seeing more road rage shootings

The intersection where the shooting took place is almost a mile south of the I-465 interchange.

Indiana State Police said they had 55 interstate shootings in Indianapolis last year and they believe a majority of the shootings were road-rage related. The city is poised to eclipse that number, having already seen 42 interstate shootings with six months left in the year.

"Don't engage in road rage," Indiana State Police Sgt. John Perrine said. "Whether you're the instigator or the victim because people are dying. What you may think is a simple hand gesture or the honk of a horn can turn deadly real quick."

Contact Jade Jackson at Jade.Jackson@IndyStar.com. Follow her on Twitter @IAMJADEJACKSON

This article originally appeared on Indianapolis Star: Viral video of Indiana man's killing raises self-defense questions