Authorities are alleging that a 41-year-old man pulled a gun and struck another driver with the weapon during a “road rage” incident in rural Cody last month.

Park County prosecutors have charged Justin F. Joy with two felony counts of aggravated assault and battery in connection with the Nov. 22 altercation; one count alleges Joy threatened to use a firearm, while the other asserts he caused or attempted to cause serious bodily injury. The man reportedly suffered a concussion and other head injuries.

However, Joy disputes the allegations, telling authorities he never pulled a gun and only had a phone in his hand. His attorney said last week that the charges appear to be “embellished.” 

Joy is currently out of custody and awaiting further proceedings, after posting a $25,000 cash bond on Friday. 

Differing accounts

Charging documents say the incident began after a driver slowed down and swerved in front of Joy on Road 2AB.

Joy told authorities that the other driver brake-checked him and almost ran him off the road when he tried to pass. The other man said Joy hit the back of his vehicle while he was preparing to turn on Road 2CD; he said he’d slowed down because his child was choking on popcorn in the backseat.

Both men exited their vehicles after the collision, which reportedly resulted in a minor dent to Joy’s vehicle.

Charging documents quote Joy as telling the Park County Sheriff’s Office that the other man began yelling obscenities and came toward him with balled-up fists.

“Justin [Joy] stated that he felt threatened so he punched [the man] in the face,” Sheriff’s Deputy Andrew Gibson wrote in an affidavit.

However, the other driver and his fiance, who was also in the vehicle, reported that Joy came out of his truck with a pistol and used it to hit the man in the head.

Joy then pointed the gun at the man, the man’s fiance told authorities, which prompted her to protest that their children were in the backseat.

Joy denied that allegation, telling law enforcement he was only holding a phone. Once the other driver explained that the slow driving was due to a choking child, Joy said he told the man, “you should have just pulled over and I would have helped you,” and they parted ways, the affidavit says.

The man’s fiance recalled it differently, reportedly recalling that after they referenced the choking, Joy said something like, “this better have been what f—ing happened, now get the f— out of my way.”

Deputies noted an “obvious wound” on the side of the other driver’s head.

Disputed charges

Prosecutors filed charges against Joy about a week-and-a-half after the incident, on Dec. 2. He turned himself in to the Park County Detention Center on Thursday evening.

At a Friday morning hearing in Park County Circuit Court, Joy’s attorney, David Hill, said there are “two sides to this story” and asserted that authorities have failed to consider Joy’s account of the incident.

“It’s concerning that it appears that these charges are, frankly, embellished,” Hill said, asking for his client to be released on his own recognizance.

However, Deputy Park County Prosecuting Attorney Marina Tucker said the allegations against Joy are both serious and concerning.

“If the defendant becomes so enraged that he rear-ends somebody that he doesn’t even know and then strikes him with a firearm and threatens him with a firearm simply over traffic, that is a very large risk to the public in general,” Tucker said, requesting a $25,000 cash-only bond.

Circuit Court Judge Joey Darrah went with the $25,000 figure — “This is not an OR [own recognizance] case,” he said — but offered the option of a surety bond. That allows a defendant to hire a bondsman, usually for a nonrefundable 10% fee. Joy opted to post the cash anyway.

His bond conditions include a requirement to give up any firearms while the case is pending. A preliminary hearing is tentatively set for Dec. 15.