Charges dropped against doctor in Corte Madera road-rage shooting

A Marin County judge dismissed charges against a 71-year-old doctor accused of shooting a 70-year-old man who followed him to his Corte Madera home in a road-rage confrontation.

James Stephen Simon will not stand trial on charges of attempted voluntary manslaughter and assault with a firearm in the shooting that wounded William Osenton of Tiburon, Judge Kelly Simmons ruled Tuesday after a two-day preliminary hearing.

“I’m so proud to be an American. I’m proud to live in America,” a tearful Simon told reporters. Asked how much the case had weighed on him, he said, “Beyond description. I’m speechless.”

The case had been prosecuted personally by Marin County District Attorney Ed Berberian.

Simon and his wife of 38 years were on their way home in their Smart Car Cabriolet convertible about 10:40 a.m. July 17 when they stopped behind Osenton’s Mercedes-Benz at a red light, said Simon’s attorney, Charlie Dresow. Osenton didn’t move when the light turned green, so Simon went around him, Dresow said.

Osenton then began “tailgating and accelerating and driving extraordinarily aggressively,” following the couple to their home on Paradise Drive, Dresow said. As Simon tried to close his garage door, Osenton sped up, and the door hit his Mercedes, authorities said.

Osenton then backed up and stopped his car in Simon’s driveway, investigators said. Police said Simon got a .357 revolver and fired a shot into a nearby hillside, then fired two more shots that hit Osenton.

Simon called 911 after the shooting. “What else was I supposed to do?” Simon said in the call, which was played in court. Osenton was treated at Marin General Hospital.

Police seized more than 50 guns and 200 boxes of ammunition from Simon’s home. Dresow said the majority of the guns were sporting weapons or collector’s items from World War II. All the guns are registered, Dresow said.

Simon is a surgeon whose areas of practice include aerospace medicine and occupational medicine, according to material he submitted to the Medical Board of California. Dresow said Simon, who has no criminal history, provides flight physicals required by the Federal Aviation Administration.

“It was a great decision for my client,” Dresow said. “It was the right result. My client was defending himself and his wife, and right now my client is very thankful and is going to continue to live a law-abiding life he has always led.”

Henry K. Lee is a San Francisco Chronicle staff writer. E-mail: hlee@sfchronicle.com Twitter: @henryklee