Fresh charges in senior citizen road rage death

A Corte Madera doctor whose alleged road rage shooting case was dismissed this month is scheduled to be arraigned on new charges Friday in Marin County Superior Court.

James Stephen Simon’s attorney Charles Dresow and Marin County District Attorney Ed Berberian said Simon will be court at 9 a.m. Friday. Simon, 71, has reportedly been indicted by a grand jury on similar charges involving the shooting of a Tiburon man after the road rage incident on July 17.

After a preliminary hearing, Marin County Superior Court Judge Kelly Simmons ruled on Jan. 6 that Simon should not stand trial on attempted voluntary manslaughter and assault with a firearm charges for the shooting of 70-year-old William Osenton.

Both men were driving recklessly by braking and speeding up for a mile or two on Paradise Drive in Corte Madera on July 17, Central Marin Police Authority officials said. Simon drove into the garage of his residence in the 5000 block of Paradise Drive and Osenton tried to drive in behind him, but the garage door closed on the hood of his vehicle, police said.

Simon then got a .357-caliber gun from his home and fired three shots, two of which struck Osenton in the abdomen, police said. Dresow, Simon’s attorney, argued at the preliminary hearing that Simon acted in self-defense and had a right to defend himself, his wife and their home.

Berberian disagreed with the judge’s ruling and said Simon’s conduct was unreasonable under the law. He said Simon could have secured himself in his home and called police. Berberian said following the judge’s ruling that his office would review its legal options, including refiling the charges or asking for a judicial review.

Berberian said he could not comment further nor confirm an indictment was returned against Simon. Dresow said he is confident the defense will get the same results as those in the preliminary hearing.