A Jackson man is accused of twice blasting another driver in the face with bear spray during a road rage showdown, leaving the victim temporarily blind and gasping for air.
Police say the second burst is what turned an angry traffic dispute into a felony.
Leonardo Enrique Dominguez was arrested Sunday and charged with aggravated battery after investigators allege he intentionally caused serious bodily injury, as stated in a probable cause affidavit filed Monday in Teton County Circuit Court.
Prosecutors have charged Dominguez with aggravated battery, claiming he intentionally caused serious bodily injury "under circumstances manifesting extreme indifference to human life."
A Road Rage Call
The confrontation unfolded shortly before noon Sunday near the Loaf 'N Jug gas station along West Broadway Avenue in Jackson.
Police responded to reports of a road rage assault involving bear spray and found a man kneeling beside his white Dodge Caravan.
The affidavit says the man was coughing violently, his eyes were burning and he was unable to answer officers' questions. Mucus and tears streamed down his face as emergency responders treated him before transporting him to the hospital.
Witnesses told police they had been driving behind the man when a gray Toyota Tacoma pulled alongside his stopped van.
They said someone inside the truck sprayed bear spray through the passenger-side window of the van, the affidavit says. As the man stood in the doorway of his van, they said he was sprayed a second time directly in the face before the truck sped away.
Officers later noted the interior of the man's van still reeked of bear spray, which made one of the corporal's "eyes burn" and caused them to cough, according to the affidavit.
Pulled Over
At the hospital, the man who had been sprayed told investigators the road rage encounter began after another truck tried merging into his lane, nearly forcing him onto the sidewalk.
He said he pulled over simply to ask the other driver what he was doing. Instead of an explanation, he said he was immediately blasted with bear spray.
The man denied threatening the other driver and said he had never seen him before.
A request for further comment from the driver of the van was not returned by publication.
Self Defense Argument
Investigators reviewed surveillance video and license plate camera data that led them to a gray vehicle registered to Dominguez.
Officers found the truck parked outside his apartment later that afternoon, the affidavit says.
Dominguez agreed to speak with police and acknowledged spraying the man twice, but insisted he acted in self-defense.
The affidavit says Dominguez claimed the man sped up to block him, brake-checked him, yelled profanities and aggressively approached his driver's window.
He said he displayed the bear spray first as a warning before using it, the affidavit says.
Dominguez admitted spraying the man once through the driver's window of the van and a second time after he returned to his own vehicle, saying he feared the confrontation was continuing.
He also told officers he didn't call police because he believed surveillance cameras had captured the encounter and assumed officers would eventually contact him.
Felony Charge
When officers located Dominguez's vehicle, they reported seeing rags inside "as if the vehicle had been cleaned,” the affidavit says.
They also observed tactical gear, flashlights, a knife and patches mounted throughout the truck's interior.
Dominguez told investigators his truck was equipped with a dash cam that may have recorded the incident.
The investigating officer wrote that bear spray is intended to stop bears — not people — and can cause severe eye injuries, swelling, airway constriction and potentially life-threatening respiratory complications when used at close range.
Police concluded there was probable cause to arrest Dominguez after considering witness statements, the alleged victim's account and Dominguez's own admission that he sprayed the man a second time.
Investigators say that second burst came after Bilen had already returned to his own vehicle, leading them to conclude the use of force was no longer justified and supported a charge of aggravated battery.
Dominguez made his initial appearance Monday afternoon before Teton County Circuit Court Judge Erin Weisman, who set his bond at $5,000 cash. A preliminary hearing is scheduled for July 31.
Kolby Fedore can be reached at kolby@cowboystatedaily.com.
