Two brothers were heading home after a concert when they got into a fight over french fries, leading one to shoot the other, according to Indiana court documents.
They had stopped at a McDonald's and a gas station in Fort Wayne to get snacks for the road around 11 p.m. on Nov. 30, documents read.
The victim was sitting in the passenger seat, eating french fries, while his 33-year-old brother drove.
His brother made a sharp turn, causing him to spill his fries, documents read. This sparked an argument which turned physical when the victim punched his brother in the face.
They traded blows until the victim got out of the car. But his brother is accused of taking a 9mm handgun out of the center console and firing twice, hitting him in the chest.
The victim initially ran away but returned a short time later, and can be heard yelling in the background of his brother's call to 911, documents read.
He was taken to a hospital by ambulance with life-threatening injuries.
In his call to police, the brother described the shooting as self defense. However, while in an emergency room awaiting surgery, the victim told police he was getting out of the car as he saw his brother reaching for the center console, where he knew he kept a pistol - and it wasn't until he was outside that he heard the boom of gunfire.
One bullet struck his hand and the other entered his chest and "his abdomen was rapidly filling with blood," documents read. Doctors weren't sure if he was going to survive.
When the victim's brother was asked if he thought it was necessary to shoot, he told police "he did not know" and "he just reacted," documents read. He never indicated that he was in fear for his life.
The 33-year-old is facing charges including aggravated battery and domestic battery with a deadly weapon, according to court documents.
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