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08/06/2010 08:35 AM

Man says he fired shots on Mopac in self defense

By: News 8 Austin Staff

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Police are saying road rage led to a shooting on south Mopac Expressway.

Charlie Smith is charged with aggravated assault with a deadly weapon after he told police he shot at another driver on Mopac.

Smith said a man in a pickup truck was tailgating, so he tapped on his brakes and turned on his hazards. The other driver started cutting him off and swerving dangerously close, he said.

Smith said he thought his life was in danger and that the Castle Doctrine applied. But police say that's not the case.

"We don't feel that… the Castle Doctrine applies in this situation,” Austin Police Cpl. Scott Perry said. “The Castle Doctrine protects you when you're in your house, in you business, or when you're in your vehicle. It protects you when someone is forcibly entering your property."

Smith has a license to carry a concealed weapon and said he tried to shoot the driver, but missed and hit the tire instead.

Police say Smith should've gotten off the highway, slowed down or called police for emergency help.

Smith was released from the Travis County Jail on a $15,000 bond.