AUSTIN, Texas – Austin police are looking for a suspect who was seen bashing in another car’s window in a road rage incident.

Austin road rage incident

What we know:

On Friday, Dec. 5, video showed a Subaru cutting off another driver in a Honda on the Capital of Texas Highway. The Subaru driver then steps out of his vehicle with what appears to be a baton and smashes the Honda’s window. 

The suspect then got back into his vehicle and tried to drive away from the scene. The Honda can be seen following in close pursuit, as both drivers used the side of the road to pass stopped traffic.

Austin police said they were treating it as an assault with an injury case. The case is currently under investigation and no suspects have been arrested in connection with the incident.

At this time, APD has not confirmed if there has been a person of interest identified.

Criminal defense attorney speaks out

What they’re saying:

“That’s aggravated assault all day, every day,” says Jeremy Rosenthal, a criminal defense attorney. 

He says the suspect smashing the window could face some serious prison time.

“It would be a second degree felony, which would carry with it a sentence between 2 and 20 years in a prison in Texas,” Rosenthal said.

In this case, the baton, which the suspect uses, could be seen as a deadly weapon, and could lead to extra criminal charges.

Although the video doesn’t show the moments leading up to the incident, Rosenthal says, based off the captured evidence, that the sort of force used by the suspect would be almost impossible to justify in court.

“There’s really no good defenses here. It’s not me is probably not going to be a defense. The person had it coming is not going to be a good defense. I was defending myself is not going to be a good defense,” Rosenthal said.

By the numbers:

Statistics gathered by the Texas AAA show that this sort of behavior has become all too common on Texas Roadways.

• In 2024, over 1,700 car accidents were the result of road rage in Texas.
• Nationally, 96% of drivers admit to engaging in aggressive driving behaviors.
• 11% of drivers admit to taking violent action, like intentionally bumping another car or confronting another driver.

Based off a recent study from AAA, these sorts of behaviors tend to spread. 

Their research shows that drivers who experienced higher levels of aggressive driving also had higher levels of engagement in aggressive driving.