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Suspect in Kitsap County road rage shooting charged with first-degree assault

A 68-year-old man was sent to the hospital in critical condition following the shooting in Gorst along SR 16.

GORST, Wash. — The man suspected of shooting another man in the head during a road rage incident in Kitsap County on July 24 was charged with first-degree assault with the intent of inflicting great bodily harm on Tuesday, July 25.

Bail for Mark Smith, 26, was set at $1 million.

On July 24, Washington state troopers were advised of a shooting on eastbound state Route 16 in front of Custom Hearth Fireplaces and Stove. The first trooper on scene found the victim on the ground. 

The 68-year-old man was sent to the hospital in critical condition. The victim died Tuesday evening.

Witnesses to the shooting said a Toyota 4Runner and Chrysler pulled over to the shoulder of the road. Both drivers exited their vehicles and a confrontation ensued. The driver of the 4Runner shot at the driver of the Chrysler and then drove away, witnesses said.

A description of the vehicle was provided.

A county roads inspector later saw the vehicle pulling out of Kodiak Place onto Lake Flora, according to a police report. Bremerton police were in the area and stopped the vehicle on Lake Flora, just south of state Route 3.

Other officers later found a tire, a shredded white sticker previously seen on the back of the 4Runner, a pistol magazine, backpack and Beretta 9mm pistol.

The 26-year-old suspect, later identified as Mark Keith Smith, was taken to Kitsap County Sheriff's Office to be interviewed. 

Suspect interviewed

During the interview, Smith said he was driving on southbound Interstate 5 and his exit was approaching. As he attempted to get over, he pulled behind the victim's vehicle, who then flipped the suspect off, Smith told law enforcement. 

Both drivers exited to state Route 16 and the road rage incident continued. 

Smith said the victim tried to run him off the road multiple times, according to a police report.

After they entered Gorst, the victim made a U-turn to get onto eastbound state Route 16 and Smith followed. 

The two pulled over to the shoulder, Smith told police.

Smith said they both exited their vehicles. The victim had a bat and Smith had his gun. Smith said the victim began walking toward the truck of his own car; the suspect believed he was going for a gun. 

According to Smith, the victim said "You are going to kill me," to which Smith said he was not and just wanted to talk.

Smith said the victim advanced and tried to grab for his gun while it was in his pocket. 

Smith stated "in self-defense, he grabbed his gun and swung it around to prevent (the victim) from getting it and must have had his finger on the trigger because the gun went off," a police report reads.

Smith told law enforcement he fled and took backroads because he was scared.

Cellphone video

A trooper later saw cellphone video showing Smith and victim standing "toe to toe" as they argued. 

In the video, according to a police report, Smith reaches toward his pocket, pulls out a gun and points it at the victim's head.

The victim grabbed Smith's arm to push the gun away. Smith pulls the gun back to the right, pointing it directly at the victim's head and fires a round.

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