A Madison man was arrested and charged with two counts of aggravated assault after he allegedly fired at least two shots from a Smith and Wesson M&P 9 at a vehicle driving away from a reported altercation at Rutledge Wings, Atlanta Highway, Rutledge.
According to Morgan County Sheriff’s Office reports, Steven Perry Day, 46, was arrested after the Saturday, Sept. 15 incident in the parking lot of the Rutledge restaurant.
Chief Deputy Keith Howard, Morgan County Sheriff’s Office, said on Tuesday that investigators are continuing to try and piece together what occurred in the parking lot and are using video surveillance to identify witnesses for interviews.
An incident report stated that an officer was called to the restaurant parking lot at approximately 9:47 p.m. in regards to a hit and run complaint at the restaurant. The suspect vehicle, a silver BMW, reportedly left the parking lot on Atlanta Highway and stopped at a residence on Atlanta Highway. The deputy located the vehicle and the driver. The driver, who has not been arrested, allegedly told the deputy that he struck a vehicle in the parking lot. He said “… a crowd began gathering, cursing at him and began to get aggressive towards him.”
The man said a crowd of people surrounded his vehicle and he “feared for his life” and he engaged the vehicle and drove away at “a rapid pace.”
The man said he saw two women in his line of travel and swerved to miss them. He also said he then heard “something like gunshots” as he drove away.
An officer and the driver observed two holes in the passenger rear door of his vehicle, reports state.
The deputy said he drove to Rutledge Wings with other officers to investigate the incident and “was met by several highly intoxicated subjects.” The deputy said at the time he demanded some of the persons leave the scene. he was told by a woman that she heard a loud crash and as she was walking over to a vehicle to see what happened the BMW driver attempted to leave the parking lot and, she said, in doing so almost struck her and two children.
Day told officers that the driver was attempting to leave the scene after his BMW struck a Ford Edge which belongs to Day’s wife. Day said the BMW driver was backing up very fast after striking the Edge and that he struck the passenger front door glass and yelled at the driver to stop.
A witness at the incident told officers that Day and another man fired shots at the BMW. On Tuesday, Howard said investigators have surmised that only Day allegedly fired shots.
A deputy reviewed surveillance video from the Rutledge Crossing Convenience store, located in the same shopping mall at Rutledge Wings, and allegedly observed Day fired shots at the BMW in the direction of the Rutledge Dollar General Store/ Newborn Road area.
At that point Day was arrested, reports state, and transported to the Morgan County Detention Center.
Deputies returned to the Atlanta Highway residence of the BMW driver but he was no longer there and did not return for more interviews. His vehicle was impounded, however, and taken to the Morgan County Public Safety Center.
Howard said the criminal investigations division continues to work on the investigation and that the department has taken the incident seriously.
“We are not going to tolerate reckless gun play in a populated area,” Howard said.
Day also faces charges of reckless conduct, reports state.