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Chaney put the van in reverse to leave, but before he could leave the driveway, the Jeep Cherokee slammed into the driver’s side of the van, pushing the van almost all the way off of the driveway, according to the statement. Chaney, who was inside the van, “was thrown from one side of the van to the other and then back into the driver’s area again.”
“Before Mr. Chaney could get out of the vehicle, he looked and Mr. Byrd had gotten out of his Jeep Cherokee, which was now a total loss, and started coming toward the van that Mr. Chaney was in. Mr. Chaney reached down between the seats of his van and recovered his .40-caliber pistol, put a round in the chamber, held it up and fired a shot and hit Mr. Byrd in the chest,” according to the statement. “Luckily, Mr. Byrd was not killed as the bullet apparently hit his chest and then immediately turned and went downward. Mr. Byrd then ran to the next door neighbor’s house where he was screaming that he had been shot.”