A motion was denied Friday to detain pre-trial a Bloomingdale man accused of shooting at another man following a road rage incident, prosecutors said.
Marcus Mizelle, 34, of the 300 block of Windsor Drive, appeared in First Appearance Court charged with one count of aggravated discharge of a firearm at a person or vehicle and one count of aggravated assault – discharge of a firearm from a motor vehicle, according to a DuPage County State’s Attorney’s office news release.
In its motion to detain the defendant pre-trial, the state alleged that Mizelle’s pre-trial release poses a real and present threat to the safety of any person, persons or the community, according to the release.
In his order, Judge Joshua Dieden found that Mizelle is charged with a detention-eligible offense but there are conditions of release that can mitigate any real and present threat to the safety of any person, persons or the community, authorities said.
Conditions of Mizelle’s release include the surrender of any firearms, ammunition or other dangerous weapon as well as surrender of his FOID card and CCL license. The court also ordered that he have no contact with the victim in this case, according to the release.
On Nov. 7, Roselle police responded to a call of shots fired at the BP gas station, 590 W. Lake St. Mizelle, who was driving a 2003 Volkswagen Tiguan, and another man, were driving north on Springfield Drive in different lanes when Mizelle abruptly cut in front of the victim due to a bottleneck caused by a school bus ahead of the men, according to the release.
Mizelle eventually pulled into the BP gas station’s parking lot with the victim following him. The victim allegedly exited his car and approached Mizelle’s car at which time Mizelle pointed a pistol out of the driver’s side window, and fired one shot at the victim. He then fled the area, according to the release.
Police identified Mizelle as a suspect in the case and went arrested him at his residence. Officers at the BP gas station recovered one spent .40 caliber shell casing, authorities said.
“It is alleged that Mr. Mizelle shot at another man from his vehicle in the middle of the morning rush hour following a road rage incident,” DuPage County State’s Attorney Robert Berlin said in the release. “In DuPage County we will not tolerate this type of extremely dangerous, violent behavior, that put not only the victim in great danger but also placed patrons of the gas station and other innocent motorists at risk.”
Mizelle’s next court appearance is scheduled for Dec. 2 for arraignment.