No criminal charges will be filed against the man who shot and killed Eric Duke in an apparent Jan. 21 road rage incident on Interstate 275, the Hamilton County Prosecutor's Office said.
In a statement released Thursday, Prosecutor Joe Deters said both drivers behaved poorly on the highway, but Duke escalated the situation to a point that deadly force was warranted.
The statement said Duke, 47, and the other driver, whose name has not been released, were seen that night by witnesses driving recklessly before Duke slammed on his brakes and reversed his Sprinter van into the other driver's Chevrolet Colorado in the high-speed lane of the highway near Blue Rock Road.
Deters said Duke got out of his van then began banging on the window and trying to get in the truck.
"The driver of the Colorado had his legs up in a defensive position," the statement said. "The driver also warned Duke he had a gun. At this point, Duke struck the driver in the mouth and the driver fired one shot – striking Duke in the head."
Deters said the physical evidence at the scene backed up the driver's account of what happened. The driver stayed on the scene and called 911 saying he fired in self-defense.
"The evidence is clear," Deters said. "Both drivers engaged in behavior on our roadways that is totally unacceptable ... It should be a reminder to everyone that rudeness and misbehaving while operating a two-ton vehicle is deadly dangerous."
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