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Rolling road rage gunfight leaves 9 year old wounded

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Photo: Video by kgun9.com

Rolling road rage gunfight leaves 9 year old wounded

By Craig Smith. CREATED Jul 18, 2014

TUCSON (KGUN9-TV) - Take reckless driving, road rage, and add a rolling gunfight while two kids were in one of the cars.  That situation left a little girl shot in the leg near Campbell and Irvington.

Two brothers are facing charges in the case.  Oscar Santa Maria is looking at a drive by shooting.  Police say his brother Carlos was the passenger who fired at the other car.  That why he's up for drive by shooting and four counts of aggravated assault with a deadly weapon.

The girl's grand mother says the child is out of the hospital and healing up.

But what a close call and a terrible experience, and some of you want to let drivers of both cars what you think of them.

An SUV in the incident held a man, his girlfriend, a nine year old girl and an eleven year old boy.

The girl ended up shot in the leg after an argument between drivers turned into car to car shooting.

Police are still deciding if they will charge the father of the children in the incident.

Oscar Santa Maria is facing drive by shooting charges.  His brother Carlos has a drive by charge and four counts of aggravated assault with a deadly weapon.

On KGUN9's Facebook, viewers ripped into adults in both cars.

Here's a sample:

"Senseless... totally senseless."

"Yeah, that's smart let's get into a gun fight while driving, traffic, with a child....both are ignorant ****!"

"That father needs to be charged with child endangerment.  Please! People get away with too much stupidity now a days!"

Police say they are deciding if child endangerment would apply.

They are also deciding if self defense would justify the father firing at the Santa Maria brothers.

Police have to determine who flashed a gun first but attorney Louis Fidel of Piccarreta and Davis says the law does not require you to stomp the brake and get away from the gun.

"If somebody pulls out a gun, especially if somebody shoots a gun at you you are justified legally in defending yourself with deadly physical force and there is no duty to retreat."

But he says in most cases it's still the best move to break off the conflict and just get away.

We do not have an ID on the father.  We did check the Santa Maria brothers to see if they have a record and found nothing more than traffic violations.  They are 19 and 20 years old.  We were not able to access juvenile records to see if they have offenses there.

 

Craig Smith

Craig Smith

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Craig enjoys using innovative writing and visuals to make difficult stories easier to understand. As a newsroom manager at KGUN 9, Craig was part of the team that won three best newscast awards from Arizona Associated Press