CBS 5 - KPHO Charges dropped against Scottsdale road rage suspect

Charges dropped against Scottsdale road rage suspect

Criminal charges have been dropped against the prime suspect in a Scottsdale road rage case.

However, authorities told CBS-5 News that Valley attorney David Appleton, 59, could still be charged with second degree murder at a later date.

Appleton's attorney Richard Gierloff said that this is a clear sign prosecutors don't have a strong enough case and his client is telling the truth about acting in self-defense.

"Needless to say, David is quite gratified that the county attorney is taking a long, slow hard look at the evidence, instead of just rushing through this," Gierloff said. "I believe they'll find this was self defense, a justifiable use of force."

Appleton told investigators that Pearson followed him into a parking lot, approached his car, then started choking him.

That's when Appleton said he grabbed his gun and opened fire in self-defense. Police say Appleton fired one shot.

Police said that Appleton's story didn't add up and according to the police report, authorities found no signs he was grabbed or choked.  But police later confirmed reports that the top three buttons on Appleton's shirt were torn.  Investigators impounded the shirt as evidence and are running forensic tests on it.

In 2006, lawmakers passed what's commonly called a "Castle Law."  It is named after the common phrase that a man is the "king of his castle."  The law justifies using deadly force in order to protect one's home.  In Arizona, it also allows for deadly force to protect an occupied vehicle if someone has gotten in or is trying to get in.  The law in Arizona also presumes the person using deadly force is justified if the attacker has unlawfully forced his way into residence or car and requires the prosecutor to prove the actions of the person who used deadly force were not justified.

Chris Gooch has known Pearson for 12 years. He described his friend as a peaceful, mild mannered kind of guy, not someone who would attack a driver in an act of road rage.

"None of the pieces add up in that regard," Gooch said. "He doesn't seem like someone who would go confront someone, let alone physically contact them to get a point across. It doesn't seem like the Tom I know at all."

An attorney for the Pearson family released this statement:

"The Pearson family understands from discussion with the Maricopa County Attorney's Office and the Scottsdale Police Department that their criminal investigation into the murder of Tom Pearson is continuing.

Tom Pearson family expects that the investigation will result in David Appleton being brought to justice in the near future."

CBS-5 news has learned that the county attorney is waiting for DNA evidence to come back before deciding whether to re-file charges against Appleton.

According to police, if Pearson chocked Appleton, then there will be DNA evidence on Appleton's shirt.

A decision to re-file charges could take several weeks, police said.

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