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Police filed felony assault charges Friday against a Throop man who allegedly shot a city man during a road-rage confrontation late Thursday on Providence Road.

According to an affidavit:

Edward Schultz Jr., 24, 232 George St., Throop, called the Lackawanna County Communications Center about 9 p.m. from the parking lot of Fratelli’s Pizza and Pasta House â€" a few blocks north of the scene â€" and told dispatchers he had just shot someone.

The victim, later identified as 20-year-old Victor Machado, was shot once in the hand and once in the shoulder, police said. He was treated at Community Medical Center and released, Detective Lt. Joseph Lafferty said. Further surgery was planned for Mr. Machado’s hand, which still has the bullet lodged in it, Detective Sgt. Ron Zory said.

Detective Dina Hammer interviewed Mr. Machado, who told her that he and Mr. Schultz were driving north on Providence Road when a conflict developed. Both vehicles stopped at Providence Road and Court Street. Mr. Machado got out of his car and walked over to Mr. Schultz’s vehicle, wanting to know why he tried to run him off the road a few blocks back.

After a brief verbal exchange, Mr. Machado punched Mr. Schultz â€" who was still sitting in his car with the window open â€" in the face. Mr. Schultz responded with an unknown number of gunshots â€" one bullet striking Mr. Machado in the hand, the other grazing his shoulder, Capt. Carl Graziano said.

Mr. Machado ran for help, and Mr. Schultz drove a few blocks to the restaurant and called 911.

When officers arrived, Mr. Schultz identified himself as the shooter and told them he had an unloaded 9 mm handgun in his car. Police later recovered the handgun and ammunition during a search of the vehicle.

Mr. Schultz was charged with aggravated assault, simple assault and reckless endangerment. He was arraigned and taken to Lackawanna County Prison after failing to post $5,000 bail.

Mr. Schultz had a permit to carry the handgun, Sgt. Zory said.

Police have not decided if they will charge Mr. Machado for allegedly punching Mr. Schultz, Lt. Lafferty said.

Nationwide, there were about 1,200 cases of road rage in 2006 that escalated into gunfire, said Leon James, Ph.D., a driver-psychology professor at the University of Hawaii and co-author of “Road Rage and Aggressive Driving.â€

“The majority of drivers are driving with a background emotion of road rage,†he said. “It’s something we learn in childhood. When we start driving at 16 and 17, we get our license, and all of a sudden we drive in that style.

“People think, ‘This is a competition. I’m te best man and I’m going to win.’?â€

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The Times Tribune said:
Police have not decided if they will charge Mr. Machado for allegedly punching Mr. Schultz, Lt. Lafferty said.
Why? :?

Even if it turns out the shooter was unjustified, and there is not enough information in this story for me to feel comfortable deciding one way or the other, it appears to be undisputed that Machado's actions were an unjustified battery.

Why not charge Machado?

Is somebody contending he did not violate the law?

At least it appears questionable whether Schultz violated the law.
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