Man accused of waving gun during road-rage incident

An apparent road-rage incident in Cape Girardeau County led a man to show his gun from his vehicle, police said.

That man was in court Tuesday facing weapons charges.

Graham Hoffman said he did not see Thomas E. Clemens III’s face — only the silhouette of the gun Clemens pointed straight up inside his GMC Terrain, according to Hoffman’s testimony Tuesday.

Judge Scott Thomsen ruled Tuesday there was probable cause to continue Clemens’ case in Cape Girardeau County court after a preliminary hearing in Jackson.

The Cape Girardeau County Prosecuting Attorney’s Office charged Clemens with unlawful use of a weapon Nov. 10. Clemens posted a $7,500 surety bond Nov. 14.

Hoffman testified that about 5 p.m. Nov. 9, Clemens, 29, pulled in front of his new truck at Route W and LaSalle Street, nearly causing Hoffman to run into Clemens.

Hoffman testified he flashed his brights at Clemens to let him know he almost caused an accident.

Clemens reached into his center console and brought up a Springfield XD 9mm handgun, holding the barrel up to the ceiling inside his vehicle with his right hand, Hoffman said.

Hoffman called Cape Girardeau police dispatchers. They told Hoffman to follow Clemens so officers could identify Clemens’ vehicle, Hoffman said.

When the vehicles reached Dunklin and Henderson streets in Cape Girardeau, Hoffman pointed out the GMC Terrain with Florida license plates, he said.

Under cross-examination from Clemens’ lawyer, Malcolm Montgomery, Hoffman said he had Cape Girardeau police’s dispatch number because he used to work as a bouncer at The Library.

Montgomery asked whether Hoffman followed too closely. He responded he kept a car length between Clemens’ SUV and his truck.

Montgomery asked why Hoffman called police.

“As I understand, brandishing a firearm is illegal,” Hoffman said.

Missouri law states it is illegal to exhibit a weapon capable of lethal use in the presence of one or more persons in an angry or threatening manner.

Hoffman said he did not feel good when he saw the gun but did not explicitly say he felt threatened.

“You don’t expect that to be the rational response of any person,” he said.

Cape Girardeau police officer Lee Spencer testified Clemens made several statements during the traffic stop, including that he showed Hoffman the gun because he thought Hoffman was following too closely behind him, and he did not intend to hurt anyone.

Spencer spoke to Clemens because Spencer is one of the police department’s experts on traumatic brain injury.

Clemens said he suffered an injury when he was riding a motorcycle and was hit by a minivan years earlier.

Clemens had a therapy dog in his SUV on Nov. 9 and in the courtroom Tuesday.

Clemens told Spencer his injury causes him to overact and become anxious in stressful situations, Spencer testified.

Montgomery asked Spencer why police had Hoffman follow Clemens’ vehicle if Hoffman had been threatened.

Spencer said dispatchers told Hoffman to keep a safe distance. Montgomery pointed out Hoffman followed Clemens for five miles or more.

“What’s a safe distance when somebody has a gun?” Montgomery asked.

“I don’t know,” Spencer said.

Spencer said he did not know whether Clemens’ gun was loaded. The probable-cause statement filed by officer Joshua Owens stated the gun had a loaded magazine but not a bullet in the chamber.

bkleine@semissourian.com

(573) 388-3644

Pertinent address:

LaSalle Street and Route W, Cape Girardeau, Mo.