2nd man charged in alleged armed road rage incident in Millcreek

Photo: Gephardt Daily/Patrick Benedict

MILLCREEK, Utah, July 4, 2023 (Gephardt Daily) — A second man has been booked into the Salt Lake County jail system after a Monday incident in which shots were allegedly fired from a car and toward a delivery truck in a road rage incident.

Adrian David Brown, 22, driver of the silver Hyundai, was the second suspect charged. Charged first was his passenger, Tyler Joshua Foutz, 24. Arrest documents say the two are brothers.

The Monday incident began when a man, the driver of a semi truck, called 911 “stating he had been involved in a road rage incident and the occupants of the other vehicle involved fired a gun at him,” the men’s charging documents say.

The caller’s vehicle was an Amazon truck, Unified Police Sgt. Melody Cutler told Gephardt Daily.

“He said he was exiting onto 700 East from I-80 eastbound when a silver Hyundai crossed four lanes of traffic and nearly ran him off the road,” charging documents say. “(The victim) said he honked his horn at the vehicle and the occupants began displaying their middle fingers out the windows.”

The victim said when he turned south on the 700 East, the Hyundai driver and passenger pulled up beside the semi, and started cursing at him and calling him by a racial slur.

The victim said “since he is Black this comment is obviously offensive and triggered him. (The victim) said they kept telling him to stop and were challenging him to a fight.”

Photo Gephardt DailyPatrick Benedict

The victim said he made a left turn to go east on 3300 South, and the two suspects followed him, and “they pulled the vehicle in front of him and started brake checking him. He said he pulled over and stopped to try and let (Foutz and Brown) go ahead so they didn’t cause an accident. He said (the suspects) stopped in front of him and exited their vehicle. (The victim) said he exited his vehicle and deployed pepper spray at (Foutz and Brown).”

The victim said the men got back in the Hyundai and drove away, and he made a U-turn and headed back to 700 East to drive south.

“He observed the Hyundai pull along side his truck,” the affidavit continues. The victim “said he heard shots being fired and ducked down to avoid being struck. (The victim) said the vehicle drove away in an unknown direction.”

The victim said he called 911, and was told to pull over and wait for officers to arrive, Foutz’s affidavit says.

“After giving his report to the police, they had left him at the scene. He said a few minutes after the police left him, he observed the same Hyundai, this time without a license plate, drive by him,” charging documents say. The victim “said he followed the vehicle again north on 700 East. (He) said he observed police officers in a parking lot, honked his horn, pointing them to the suspect vehicle.”

The officers activated their lights, and the Hyundai fled, the report says.

Another Unified Police officer told the officer who filed the report that “he attempted to stop the Hyundai and it fled. He said the vehicle at one point was going 100 mph, north on 700 East.”

The Hyundai sped east on 3300 South, running a red light at 1300 East, “and colliding with another vehicle causing it (the Hyundai) to roll onto its roof,” the affidavit says.

The driver and passenger Foutz were taken into custody. Foutz was taken to the hospital by ambulance to be checked out.

“A handgun magazine was observed in plain view inside the Hyundai; one spent 9mm Winchester shell casing was found in the debris at the crash site. Five more spent 9mm Winchester shell casings were found at 4200 South and 700 East,” Foutz’s charging documents say.

Post Miranda, the driver (whose affidavit is not available) “admitted to driving the Hyundai and getting into an argument with (the victim). He said (the victim) started the fight by pulling up next to them for no reason and looking at them weird,” Foutz’s charging documents say.

The driver also said the semi driver challenged the men to a fight, so he and his Foutz pulled over and exited the vehicle, and the semi driver sprayed them with pepper stray.

Brown said he and Foutz then drove away. Brown denied shooting a gun, charging documents say. He did admit to “drinking a few beers before this incident.”

Brown also said he did not initially see officers trying to pull him over, but when he did, he hit his brakes, which failed, causing him to collide with another vehicle.

Brown said he put the gun in the car before leaving the men’s residence earlier in the day.

Foutz has been charged on suspicion of the following third-degree felonies:

  • Six counts of felony discharge of firearm, shoot in direction of a person
  • Aggravated assault
  • Purchase, transfer, possession or use of a firearm by a restricted person

Brown was charged on suspicion of:

  • Failure to stop or respond at command of police, a third-degree felony
  • Reckless endangerment, a class A misdemeanor
  • Driving under the influence, first offense in 10 years, a class B misdemeanor
  • Reckless driving, a class B misdemeanor

Both men were ordered held without bail.

Gephardt Daily will have additional details as more information is released.

Photo Gephardt DailyPatrick Benedict

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