Traverse City Record-Eagle

Region

June 14, 2012

Motorist convicted in road rage incident

Ex-TC resident attacked another driver with a bat

TRAVERSE CITY — A motorist who attacked another driver with a baseball bat in a road rage incident is likely headed to prison.

Daniel Wesley Downs, 21, was charged with assault with a dangerous weapon, malicious destruction of property, reckless driving and failure to stop after a crash. Jurors convicted him of all counts Wednesday afternoon after deliberating for less than two hours.

"I think the jury considered all of the evidence and made the correct decision," Assistant Grand Traverse County Prosecutor James Pappas said.

Downs — who has a Lansing address but formerly lived in the Traverse City area — will be sentenced June 29. He was out on bond pending the trial, but Circuit Judge Thomas Power sent him to jail after the jury's verdict. He faces up to four years in prison on the felony assault charge.

Authorities said Downs attacked a Long Lake Township man with a bat at the intersection of Grandview Parkway and Union Street in March. The victim, 47, was driving east on the Parkway and stopped for the Union Street traffic light. Police said Downs, who was immediately behind the victim, began 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, police said. Downs stepped out of his vehicle with a baseball bat and smashed the drivers' side window of the victim's van, then punched the man in the face.

During trial, Downs said the victim deliberately ran into his vehicle and that "defensive instinct" caused him to grab the baseball bat. Pappas 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.

Defense attorney Dena Horvath said an appeal is possible.

"We're very disappointed in the jury verdict, but we still have great faith in the justice system," she said. "Our plan is to look into all of the options for appeal."

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