Battle Creek, Mich. — (March 28, 2014) A judge dismisses a charge against a man accused of using his car as a dangerous weapon following what police described as road rage incident.
“He was wrongfully accused and I`m glad the judge has seen that,” said Michelle Foster, a woman who was shot by another man during that incident.
Foster wiped away tears after Judge John Hallacy dismissed the case against her boyfriend Micheal McJunkin.
He was jailed while Robert Hansen, the man who shot her, remains free.
“I`m in pain,” she said, regarding the bullet wound in her leg that’s still healing.
McJunkin was charged after he and Foster had a chance meeting with Victoria Franklin, 22, and her passenger, Robert Hansen, on the way back from a doctor’s appointment for Foster’s son.
Franklin admitted to honking her horn after seeing the other couple swerve at them.
She told the court she flipped them off.
At some point the two cars coincidentally met again at a different light and Franklin said she saw McJunkin get out, “gesturing erratically”.
Franklin said her passenger, Robert Hansen, then grabbed the gun she kept in her car.
“Robert took the gun and showed it in the window,” said Franklin.
Foster told us McJunkin wanted to get a license plate number, so he followed the other couple.
Franklin testified that she was afraid for her safety and wanted to lose them in the Kellogg Community College parking lot where they spun out in the slushy conditions.
She said Hansen jumped out of the moving car and opened fire.
“He falls down. He stands up and he shoots,” said Franklin.
The bullets struck the Explorer that McJunkin, Foster and her 8-year-old son were in.
Foster was hit in the leg and the couple immediately drove to the nearby emergency room.
The defense pressed Franklin, who at first told police that McJunkin had gotten out of his car and physically banged on her car.
Police disproved that.
Defense Attorney Neils Magnusson said in court that she lied.
Magnusson asked, “You lied to that officer at least about part of this? Correct?”
Victoria Franklin responded by saying, “Just that one part.”
Magnusson said, “I know you told police that when Mr. McJunkin got out of the car, and was pounding on the car, that wasn`t a true statement. Correct? Was it true to you at the time or did you know you were lying?”
Franklin responded, “I was upset. I was shocked. My intention was not to lie.”
Magnusson asked, “Was it possible you were imagining things?”
Franklin replied, “I don`t imagine things.”
Magnusson said, “So you lied and told the police a lie?”
Franklin responded, “What I said was untrue. My intention was not to lie.”
Magnusson also drove home the point that McJunkin and Foster were the ones that were peppered with gunfire.
However, Franklin and Hansen were never assaulted.
“That car never made contact with your car?,” asked Magnusson.
“Correct,” said Franklin.
The judge agreed with the defense, saying McJunkin didn’t assault anyone.
He ruled that there was no crime committed and dismissed the case against McJunkin.
It remains to be seen if charges will be filed for Hansen, the man who shot Foster.
When asked if Hansen legally had the gun, Calhoun County Prosecutor Dave Gilbert responded by saying, “That`s a tough question.”
“The gun was in her car, in her control and when you`re talking about things like self-defense,” said Gilbert. “You can have what you call momentarily innocent possession, which you can be lawfully in possession of it even if you don`t have a permit to carry a gun.”
When asked if justice had been served, Foster said there was more to be done.
“For his case yes. For my case no. Not at all and I`m not laying down,” said Foster. “I`m going to push this issue until the guy who shot me who put me in danger, my boyfriend in danger, until he`s behind bars.”
Although the prosecutor said Foster had made a statement to police, he said she hadn’t yet talked to him about the shooting.
