Traverse City Record-Eagle

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June 30, 2012

Road rage figure given five months

TRAVERSE CITY — A road rage incident involving Daniel Downs was ugly, but it could have been worse.

Thirteenth Circuit Court Judge Thomas G. Power said so when he sentenced Downs, 21, to five months in jail and 18 months of probation on several criminal charges tied to a March incident along Grandview Parkway in Traverse City.

Downs got out of his vehicle and smashed another driver's window out with a baseball bat, then hit the man with the bat before taking off. It was an "extremely serious incident," Power said, in part because it easily could have led to more than minor injuries.

"You could construct all sorts of ways this could have ... been a real tragedy. What if he'd have hit (the victim) in the head in a way that killed him?" he said. "What if someone had had a gun and stepped in to stop the assault?"

A Grand Traverse County jury recently convicted Downs, who has an Lansing address but used to live in the Traverse City area, of assault with a dangerous weapon, malicious destruction of property, reckless driving and failure to stop after a crash.

Downs appeared remorseful when given a chance to speak.

"I take what I did in March very seriously, it's affected my life and the life of my family very deeply. I'd like to apologize to the victim," he said. "What I did was very wrong, and I will suffer the consequences for the rest of my life. I do believe I need help as far as my anger goes."

Authorities said Downs attacked a Long Lake Township man with a bat at the intersection of Grandview Parkway and Union Street.

The victim, 47, was driving east on the Parkway and stopped for the Union Street traffic light.

Downs, who was immediately behind the victim, started honking his horn when the light turned green.

Downs then passed the victim's vehicle, pulled in front of it and stopped, causing the victim to rear-end Downs' vehicle.

Downs stepped out of his vehicle with a baseball bat and smashed the drivers' side window of the victim's van. The victim said Downs then hit him with the bat.

During trial, Downs said the victim deliberately ran into his vehicle and that "defensive instinct" caused him to grab the baseball bat. A prosecutor suggested during questioning that Downs' explanation didn't make sense, as the victim never got out of his vehicle or threatened Downs.

The victim suffered cuts and scratches to his face, police said.

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