SAN RAFAEL (BCN) — A Marin County Superior Court judge ruled Tuesday that a 71-year-old Corte Madera doctor should not be held to answer to charges in a road rage incident in July.
Dr. James Stephen Simon was charged with attempted voluntary manslaughter and assault with a firearm on William Osenton, 70, of Tiburon on July 17.
The Central Marin Police Authority said both men were driving recklessly by braking and speeding up for a mile or two on Paradise Drive in Corte Madera.
Police said Simon drove into his garage at his residence in the 5000 lock of Paradise Drive and Osenton tried to drive in behind him but the garage door closed on the hood of Osenton’s vehicle.
Simon then went into his home, got a .357 caliber pistol and fired three shots, two of which struck Osenton in the abdomen, according to police.
Simon’s attorney Charles Dresow argued during the two-day preliminary hearing this week that Simon shot Osenton in self defense and had a constitutional right to protect himself and his wife, who also was in the vehicle, at their home.
Osenton testified at the hearing but said he had a very limited recollection of the events, Dresow said.
Simon had a collection of 50 hunting and sporting firearms in his home that he intended to bequeath to his heirs, Dresow said.
District Attorney Ed Berberian, who prosecuted the case against Simon, did not return calls for comment on the judge’s ruling today.
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