A Campbell County judge has thrown out a case against an elderly man accused of punching another senior citizen.
The two men have very different versions of what unfolded last Tuesday.
They had gotten into a road rage incident after each had turned onto US 27 in Cold Spring from different directions.
Both claim they didn't see each other when their cars almost collided.
"They started pointing their fingers at us. You could tell what they were mouthing, s.o.b.," said Wanda Davis, Beecher's wife.
It's a word Beecher Davis doesn't take lightly.
"It gets your mother in it and this and that and my mothers dead," said Beecher Davis of Alexandria.
Both Davis and Bruener then pulled into the Alexandria Wal*Mart on US 27.
Davis says he deliberately approached Bruener's car.
"I said get away from here you s.o.b. like that and when I did that he punched me in the jaw," said
Charlie Bruener, Sr. of Foster.
Davis doesn't deny striking Bruener.
"He kept calling me s.o.b and all kinds of names and I said mister don't call me that again. He kept calling me that and that's when I busted him," said Davis.
Bruener says he got his Derringer pistol after the first punch but Davis claims Bruener had his pistol in his hand the entire time.
"He said, 'Man I'll kill you.' using that same language, s.o.b. I'll kill you. I said go ahead and then I busted him again."
Police arrived and arrested Davis for assault.
"They took me to jail and let him go!" said Davis.
When Davis made his court appearance, the judge dismissed the case.
Bruener told 9News on Friday he was unaware the charge was dropped.
