A man has been indicted in the April shooting death of a man at a Phoenix drive-thru, according to authorities.
Maricopa County Attorney's Office spokesman Jerry Cobb said a grand jury has charged Cordell Lamar Jude, 22, with one count of second-degree murder in the death of Daniel Adkins.
Almost four months ago, the Adkins family was told their son would never be coming home.
"It's been very lonely," said Daniel Adkins Sr., the shooting victim's father.
He said his son's things haven't been moved, they are as Daniel left them the day he died.
"Nothing's been touched in his room. My wife cannot bear to give his clothes away or take his trains down or nothing else," said Adkins.
On April 3, Adkins was walking with his dog through the Taco Bell parking lot near 51st Avenue and Baseline Road. Jude was driving his vehicle in the restaurant's drive-thru lane when Adkins stepped in front of the car, forcing Jude to slam on the brakes to avoid hitting him, according to Cobb.
Adkins began yelling at Jude and allegedly hit his vehicle with what he believed to be a bat, Jude told police.
Jude also told police that Adkins was preparing to take another swing at him so he shot Adkins once with a gun he was carrying in his car. Jude then called police.
Cobb said authorities did not find a bat or any similar objects at the scene.
"Our decision to prosecute this case is based on a thorough review of the evidence gathered during an extensive investigation by our law enforcement partners, and after a separate and careful analysis of the defendant's assertion of self-defense," Maricopa County attorney Bill Montgomery said in a statement Friday morning. "After engaging in this deliberative process, we are confident in moving forward with our efforts to hold this defendant accountable for his actions," he added.
"When I got the news I looked up at my son and gave a thumbs up," said Adkins.
The suspect was not arrested but must appear in court August 9. Montgomery said the suspect does not appear to be a flight risk nor does he pose a danger to the community, that's why he wasn't taken into custody after his indictment was delivered.
Copyright 2012 CBS 5 (Meredith Corporation). All rights reserved.
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