Andrew Rainey, 63, of Lebanon, was transported to Atrium Medical Center, where he died later that day.
An investigation by police revealed a driver “cut off” Rainey as they were traveling north on state Route 48, according to Warren County Prosecutor David P. Fornshell.
When they reached a stop light at U.S. 42, Rainey reportedly got out of his vehicle and approached the driver of the other vehicle, a Mazda Miata.
Police identified seven witnesses at or near the intersection at the time of the shooting, Fornshell said.
“All agreed that Rainey exited his vehicle, approached the Miata, and was shot by the driver of that vehicle,” the prosecutor continued. “However, these seven witnesses provided vastly different descriptions of what transpired in the seconds leading up to the shooting.”
Descriptions of Rainey reportedly ranged from calm to angry and aggressive. Witnesses also varied on what happened in the moments prior the shooting.
Multiple witnesses said the motorist shot Rainey immediately, while one said Rainey grabbed the hat off the other motorist and was then shot while both of Rainey’s hands were up, Fornshell said.
Three witnesses reportedly claimed Rainey punched the driver in the face, including one who said Rainey punched the man multiple times and two who said there was at least one punch and Rainey was shot while attempting to punch the driver again.
“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,” Fornshell said.
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