State v. Kinard

— Terry A. Kinard appeals from convictions of possession of cocaine and second-degree assault.

Both charges arose out of a shooting incident on Interstate 90 in Lincoln County. While westbound on the highway, Mr. Kinard approached a slower-moving white Chevrolet in the outside lane. He attempted to pass it, but the driver accelerated, preventing Mr. Kinard from overtaking the Chevrolet. Soon both cars were racing. Mr. Kinard and his passenger claim the Chevrolet sideswiped his vehicle, running him off the highway and onto the shoulder. The driver of the Chevrolet and his passengers said the…