Shooting victim testifies in road rage shooting trial - WRCBtv.com | Chattanooga News, Weather & Sports

Shooting victim testifies in road rage shooting trial

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CHATTANOOGA, TN (WRCB) -

The trial is underway for a man accused of shooting a man in a fit of road rage on Thanksgiving of 2011.

Kevin Chitty is charged with attempted 2nd degree murder and aggravated assault. Police say Chitty shot Jerry Martin after he rear-ended his truck. When martin tried to leave the scene, Chitty opened fire, hitting Martin in the face and neck.

The victim, Jerry Martin, is testifying in court. Follow Matt Barbour on twitter for live updates from the court room.

Both sides rest. Taking a 15 minute break before closing arguments.

On cross, state replays the 911 tape too and points out Chitty told dispatcher the second time "I thought I saw a gun.

Chitty's atty now playing 911 call Chitty made. He told the dispatcher he didn't know if Martin was trying to rob him and he saw a gun.

State asks Chitty what his intent was when he fired the gun. He said it wasn't to hurt Martin but "to try and stay alive."

Chitty insists he saw a gun. State says in the 911 call, Chitty told the operator he thought he saw a gun.

State asks Chitty if he was upset the Martin was trying to leave the scene. He says "No. I have car insurance."

Chitty says he didn't know what Martin was doing when he started to take off. State says you told police "he was trying to leave the scene."

Chitty says gun was in his pocket in his holster when he got out of his truck. Says when Martin tried to leave "it startled me.

Chitty says yes he was upset, but he was not mad. "I've been in accidents before." Says he was not cussing.

State getting ready to cross examine Chitty now.

Chitty got up to physically show how he was standing when he fired his gun at Jerry Martin's car. Said his head was turned down.

Chitty maintains Martin never got out of the car, they never exchanged words...he just "pointed a gun at me."

Chitty says he had a gun and got his permit for protection. "I never thought I'd have to use it."

Chitty emphasizes on Thanksgiving night he was having a good time with family, didn't drink alcohol. He was going to go shopping.

Chitty's atty establishing his background: married for 20 years, has steady job...

Chitty tells the jury he thought Martin was going to shoot him or his sons inside his truck. Said he looked away as he fired.

Chitty says he voluntarily told police he shot Martin. He was handcuffed and put in the back of a cop car.

Chitty told his wife "I hope I didn't hit anybody. He didn't give me a choice."

Chitty says after Martin rear ended him, he got out of the truck. Says Martin backed up and as he took off "he pointed a gun at me."

Chitty recounting the night of the accident/shooting.

Lunch break over. Kevin Chitty takes the stand.

Breaking for lunch.

Investigator Wenger says Jerry Martin was not cooperative in doing an interview. Told him he was running from a man with a gun. That's it.

Investigator Wenger acknowledging Kevin Chitty had a valid handgun carry permit at time of shooting.

Head investigator on the shooting now on the stand.

Wallace saying the night of Thanksgiving, everyone was happy. Notes Kevin Chitty had nothing to drink.

Priscilla Wallace now taking the stand, Kevin Chitty's mother-in-law.

While jury is out, Kevin Chitty goes before the judge and says he has decided to testify. Taking a brief recess.

State now playing the 911 call made by the man on the stand.

He says he called 911 after checking on Martin. Says he couldn't get him to respond. When asked if there was a gun in the car, says no.

He says he saw Martin's car cross the intersection and crash. He got out and ran to check on hi

Trial resuming now. On the stand, a man who was sitting at the intersection that night and heard the gunshots.

Martin's testimony now over. Court is taking a 10 minute recess.

Martin says he never saw Chitty's 13 year old son in the back of the truck. Chitty's atty says he was trying to intimidate him.

"When I seen a man get out of the car with a gun, what would you do?"...Martin trying to question Chitty's attorney. Judge says not allowed.

Martin says "You're trying to twist this around on me" addressing Chitty's attorney. "He shot me for nothing. Now I'm paralyzed for life."

Chitty's atty says Martin refused to give a blood sample at the hospital the night of the shooting. Martin says he doesn't remember.

Chitty's attys now talking about Martin's criminal history. In '01 he plead guilty to agg. assault charges after shooting at a woman.

Martin says Chitty approached his car and he got out to talk to him. Then saw his gun. Got back in his car.

Martin says "he (Chitty) had no reason to shoot me, whether I had a driver's license or not."

At the time, Martin was facing other charges. Chitty's attys say he fled bc he knew he'd be arrested for driving on revoked license.

Chitty's attorneys now questioning Martin. Martin admits to having an open beer in his car. Had no valid driver's license, insurance.

Martin says he was messing with his radio at the time of the crash. He says he never threatened Kevin Chitty. Says he didn't have a gun.

Martin says he still has two bullets inside him. One in the neck, the other in his jaw. Will be paralyzed for life.

Martin says he "went numb" after he was shot, crash his car.

Martin says Chitty was yelling and cussing at him after he hit the back of his truck. Saw his gun. He was scared and tried to take off.

Martin now testifying. Addressing a past conviction of agg. assault. Chitty looking down during testimony.

Jerry Martin is paralyzed from the neck down. Kevin Chitty is accused of shooting him Thanksgiving Day '11

Jerry Martin just wheeled into the courtroom. Trial for Kevin Chitty about to resume.

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