Washington man in critical condition after being shot in baseball bat v. gun road-rage incident

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When two drivers pulled over to apparently settle a Tacoma to Kitsap County road-rage incident on Monday, one came armed with a baseball bat and the other a gun. Now, a University Place man is hospitalized with a gunshot wound and another man is in jail.

The Washington State Patrol said it received reports around 1:49 p.m. Monday of two vehicles driving aggressively in the westbound lanes of state Route 16 near Mullenix Road. Charging papers filed Tuesday state the incident actually began 27 miles to the south in Tacoma.

The two vehicles, a black 1999 Toyota 4Runner and a silver 2004 Chrysler 300M, made a U-turn into the eastbound lanes of SR 16 in Gorst and then pulled over in the parking lot of a business.

The Chrysler driver, a 68-year-old University Place man, exited his vehicle as did the Toyota driver, a 26-year-old Burien man identified as Mark Keith Smith.

Charging papers filed by the Kitsap Prosecuting Attorney state that Smith told police he was attempting to merge into an exit lane on Interstate 5 and pulled in behind the victim's car. The victim made an obscene gesture and Smith responded by flashing his lights, he told police.

Both drivers continued driving on SR 16 from Tacoma into Kitsap County.

Smith alleged the victim tried to run him off SR 16 several times before both drivers pulled over in Gorst. Smith exited his vehicle with a gun in his pocket and the victim exited his car with a baseball bat. At some point, the victim grabbed for Smith's gun, he told investigators.



"Smith stated in self-defense, he grabbed his gun and swung it around to prevent (the victim) from getting it and must have had his finger on the trigger because the gun went off," WSP investigator Michael Osberg wrote.

"I later watched cell phone footage showing Smith and (the victim) standing 'toe to toe' in a verbal argument," Osberg wrote. "Smith reaches towards his pocket, pulls the gun out, points it at the victim's head. (The victim) grabs Smith's arm to push the gun away. Smith pulls the gun back to the right, sweeps the gun back forward, pointing the gun directly at (the victim) and fires a round into his head."

Smith then fled the scene. Sometime later, a Kitsap County sheriff's deputy found the Toyota and Smith on Southwest Lake Flora Road near state Route 3, WSP spokesperson Katherine Weatherwax said.

Smith had hidden a backpack and a 9 mm pistol near some bushes and was trying to scrape an identifying sticker that read "Hoonigan" off his vehicle, the charging papers state.

The University Place man was transported to St. Joseph Medical Center in Tacoma in critical condition.

Smith is charged with first degree assault.

Eastbound lanes of SR 16 were closed during the investigation, backing traffic up to Silverdale, Weatherwax said.