Conviction stemming from road rage shooting near Stockbridge overturned

LANSING - The Michigan Court of Appeals has ordered a new trial for a man convicted of shooting a gun at another man during a 2015 road rage incident near Stockbridge.

Jerry Swantek, 61, of Dexter, was convicted in 2016 of assault with a dangerous weapon and a felony weapons charge in Ingham County Circuit Court. A jury acquitted him of attempted murder.

But three Court of Appeals judges recently ruled that Judge Clinton Canady erred when he didn't instruct jurors on their options regarding Swantek's claim of self-defense.

The incident in question began around 9:40 p.m. on April 17, 2015. The victim claimed Swantek was driving well below the speed limit and ran a stop sign, but he continued driving behind Swantek because it was the route he needed to take home.

The two men exchanged words after they both stopped at a gas station, and the victim said he eventually began following Swantek again because he wanted to call him in to police as a suspected drunk driver.

The victim said Swantek spotted him again and slammed on his brakes, made a u-turn and drove past the victim, then fired gunshots toward the victim.

But Swantek and another man riding in his truck both disputed parts of what the victim said.

Swantek said the victim had threatened to kill him when they exchanged words at the gas station, and said he shot at the man's vehicle because he feared for his life.

He also said he shot because the victim started driving at him while he made the u-turn.

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"I lifted up my firearm, cocked the hammer back and aimed for the left rear tire to disable the vehicle," he said, according to court records.

Swantek said he "wanted to disable the vehicle because (he) believed (the victim) was going to ram me."

"Although Swantek requested a jury instruction on self-defense, (Canady) denied it after concluding that Swantek could not have an honest and reasonable belief that he was in danger," wrote Appeals Court judges Michael Kelly, Amy Ronayne Krause and Mark Boonstra.

The judges also noted that jurors sent a note during deliberations to ask whether self-defense could be used to acquit Swantek if all the elements of an offense were met.

Canady instructed the jurors that they could not, the judges wrote.

Toby White, who represented Swantek during the trial and appeals process, did not respond to a message left Friday seeking comment.

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Swantek was released from prison in December and remains on GPS tether as he awaits a new trial. A pretrial hearing is set for Jan. 17 before Canady in Ingham County Circuit Court.

Contact Christopher Haxel at 517-377-1261 or chaxel@lsj.com. Follow him on Twitter @ChrisHaxel.