Deputies investigating alleged road rage shooting in Orange County

ORANGE COUNTY, Fla. - A 63-year-old Orange County man is recovering after deputies say he was shot during an alleged road rage incident in the Hunter's Creek neighborhood on Saturday afternoon.

"I heard him come in, and he just started … he was yelling. He never yells like that. I didn't know what was going on," the man's wife, Patty Hill, told FOX 35 on Monday. "His shirt was just covered in blood. He said he had been shot, and it was just something I couldn't comprehend."

The shooting happened about 5 p.m. at the intersection of Hunter's Creek Boulevard and West Town Center Boulevard, deputies say, not too far from the couple's home.

But Hill says the altercation between the two drivers actually began down the street at Town Loop Boulevard. Her husband, who does not want to be identified, was apparently taking too long to turn.

"The guy got upset and pulled around and started ramming … He didn't make contact, but he was trying to ram my husband's vehicle," she said.

Fearing for his life, Hill says her husband showed the other driver his gun, hoping to spook him. 

"He was using it as a deterrent. He never took the safety off. He never fired the gun," she said.

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The two separated but eventually ended up at the same red light down the street with an empty lane between them. That's when the situation escalated.

"The guy fired seven rounds, three of which made contact with the vehicle. One striking my husband under the armpit and went into his back," Hill said. 

The husband suffered a shattered shoulder blade but is otherwise expected to be OK. 

What's even more upsetting, Hill says, is that deputies didn't arrest the suspected shooter despite making contact with him.

"We don't know this guy. What if he has mental health issues? He got away with it, and then he goes out and seriously hurts or kills somebody else," Hill said.

The Orange County Sheriff's Office confirms no arrests have been made and that the investigation is ongoing.

Criminal defense lawyer Michael Panella weighed in on the case. 

"Likely what's going on here is that law enforcement is looking at all the facts of this case and saying, 'Hey, we need the State Attorney's Office to look at this and determine: was this guy immune from prosecution because he was acting in lawful self-defense or was this attempted murder?'" he said. 

It's possible the suspected shooter could claim self-defense, Panella says, because Hill's husband was first to show his gun earlier in the altercation. However, if that's the case, the suspect will have much to prove in court. 

"Driving down the road and then re-engaging somebody that may have displayed deadly force to you earlier or a few minutes ago or even 30 seconds ago is going to be argued by the prosecution as a new event, and they're going to make the case that that's actually vengeance and not self-defense," he said.