No charges in fatal shooting of 63-year-old after alleged road rage incident

No criminal charges will be filed in a fatal June shooting after an alleged road rage incident in Lebanon.

The shooting happened just before noon on June 17 at North State Route 48 and U.S. Route 42.

Warren County Prosecutor David Fornshell said Andrew Rainey, 63, was "cut off" by a driver as they were both heading northbound on Bypass 48. When they reached the stop light at U.S. 42, Rainey exited the vehicle and approached the driver of a Mazda Miata convertible with the top down when he was shot and killed. Fornshell said the witness accounts of the incident varied.

RELATED | 'He was a gentle giant': Loved ones mourn grandfather shot, killed near Lebanon intersection

"In their statements to police, the witnesses’ descriptions of Rainey’s demeanor ranged from calm, to angry and aggressive," Fornshell said.

Of seven witnesses police spoke to, three described Rainey being shot after he punched the driver in the face, while one described Rainey repeatedly punching the driver in the head, Fornshell said. Other witnesses said that he was shot "immediately upon arriving at the side door," with one witness even saying he had his hands up when he was shot, Fornshell said.

A grand jury reviewed these witness statements and other evidence and decided not to indict the driver.

"The grand jury is tasked with evaluating the credibility of all relevant witnesses, as well as considering applicable Ohio law," Fornshell said in a press release Monday. "In this instance, that includes Ohio law on self defense, which the Ohio legislature changed fairly recently in three ways that are significant to this matter. First, a person no longer has the burden to prove he or she acted in self defense. Rather, it is now the state’s burden to prove beyond a reasonable doubt that the person was NOT acting in self defense. Second, a person is presumed to be acting in self defense when they are in their vehicle. And third, a person no longer has a duty to retreat before utilizing deadly force when acting in self defense. Although Warren County Prosecutor’s Office staff are not in the room when grand jurors are deliberating, it is our belief that the discrepancy in witness statements as to what occurred immediately prior to the shooting, combined with these fairly recent changes to Ohio law on self defense, both likely contributed to the grand jury not issuing an indictment in this matter."

Police said one of the 911 callers about the shooting told dispatchers they were the person who fired the gun.

That person told dispatchers they would be standing next to their vehicle with their gun holstered, waiting for police to arrive, Lebanon police said. When officers arrived, they found the person who called, and saw Rainey lying in the road with a gunshot wound in his abdomen, police said.

Rainey's friend of 20 years, Angel Delao, told us he doesn't believe the account of self defense, arguing whatever happened must have been a misunderstanding and to no fault of Rainey's. The grandfather had a limp and was deaf, requiring hearing aides in both ears, Delao said.

Family Provided

"​Andy was born with a hearing disability. When he spoke considerably louder than most other people so I could see how other people might confuse that for him yelling," he said. "He was overall a very peaceful guy, so just hard to believe that. He was a gentle giant. He was a big man, but not a menacing figure at all."

Rainey was an active member of the Lebanon Presbyterian Church and volunteered his time to numerous humanitarian projects. Delao said Rainey was often out of state helping with recovery and rebuilding efforts following major storms and other natural disasters.

"I just lent him a suitcase. He was heading down to Tennessee — to go build some homes in Tennessee," Delao said, fighting back tears. "Samaritan's Purse was the organization he was heading down with. He was set to leave Saturday."

Rainey's daughter Sally Frazier described her father as "amazing" and someone who would give the shirt off his back to someone who needed it. She said she's heartbroken and wants the person responsible for shooting and killing her father to be held accountable.

Family Provided

"That man shot and killed my father who had no weapon, was deaf, a grandpa to eight and a father to me," she said. "(My father was a) man who was held high in his community and loved greatly by thousands — that man killed a child of God, all because he didn't like being yelled at. He could (have) drove off, he could (have) done many things but instead chose to take my dad's life away, away from his family and friends. My dad was murdered and I pray for justice!"

The person who said they were the shooter was detained for questioning without any issue and Rainey was taken to Atrium Medical Center, where he was pronounced dead.

"​We all feel that Andy was a victim. Shy of saying he was murdered, but he was shot and he was weaponless," said Delao. "​I truly hope that's how Andy is remembered — a life of service to others."

Watch Live: