Tennessee Supreme Court considers overturning road rage conviction
The motorcycle of William Rimmell III after a road rage incident in August 2018 on I-24 in Marion County (From: Tennessee Supreme Court)
MARION COUNTY, Tenn. (WDEF)- Road rage cases can have many long lasting ramifications.
One such case that occurred in Marion County could have an impact on how state law is interpreted in such cases.
According to court records back in August 2018, William Rimmel III was driving back home along Interstate 24 in Marion County on his motorcycle.
This is when he came across Bobbie Burke driving a sedan, as he alleges she cut him off, which investigators say led to a road rage incident.
He was convicted of attempted aggravated assault with a firearm among other charges when investigators say he broke through Burke’s car window with a handgun slide by a Marion County jury.
However, his attorney, Patrick McNally, is arguing that conviction should be overturned due to one key factor.
McNally said, “Burke testified that she was not aware that Mr. Rimmel had a handgun during the incident.”
Tennessee state code says that for someone to be convicted under their assault statute, the perpetrator must quote, “reasonably or intentionally cause someone to reasonably fear imminent bodily injury.”
McNally argues that attaching a firearm charge to this statute makes Rimmel’s conviction inappropriate.
He said, “When asked, did he ever point a gun at you while traveling down Interstate 24 she said, “Not that I saw.” When asked did he ever at any time when the cars were stopped on the side of the road point a gun at you. She said, “Not that I saw.” When asked, after he broke the window to your car did you see a handgun? “No.”
McNally argues Burke not seeing the gun means she couldn’t be afraid of a gun.
He said, “It would almost be an logical impossibility to use a firearm and the victim to not be aware of it to cause a fear in the victim.”
The state, represented by Gabriel Krimm said, argues that the prosecution related to the incident here on I-24 in Marion County was completely justified.
Krimm said, “William Rimmel crossed a clear red line when he took his nine millimeter handgun and used it to shatter Bobbie Burke’s window.”
Krimm says that Burke did have reason to fear for her safety due to the firearm.
He said, “Victim awareness isn’t a factor in attempted aggravated assault or reckless endangerment, and second because of Mr. Rimmel’s handgun.”
Krimm went on to argue that her testimony was affected by the trauma of the situation.
He said, “It’s reasonable for the jury to infer that having seen him take out this object, this steel object. It’s kind of a general category right? She didn’t make out exactly what the object is, and we think it is reasonable for the jury to infer that it crossed her mind in that moment that this could possibly be a handgun.”
The Tennessee Supreme Court has not yet ruled if they will overturn Rimmel’s conviction, to which he was sentenced 11 months and 29 days in jail.
