By Peter D'Oench

MIRAMAR (CBSMiami) — CBS4 has uncovered new details about a man who was reportedly shot and killed after making threats and banging on another man’s car at a stoplight early Wednesday morning.

A cousin told CBS4’s Peter D’Oench that the man who lost his life was 30 and had served two tours of duty as a Marine in Afghanistan and suffered from PTSD.

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He collapsed and died at a gas station next to where the shooting happened around 2:40 a.m. at 441 and Miramar Parkway.

Miramar police spokeswoman Tania Rues said, “Preliminary information we received was that the deceased person approached the person at a stoplight and started banging on the window and the door frame and tried to open the car door and that is when the driver pulled out his weapon and fired a round.”

Rues said the driver and a witness called 911. The driver was detained initially for questioning. So far no charges have been filed. Rues said it appears the two men did not know each other and that this was a random act.

She said she did not think this was a case of road rage. It’s not clear why the man was banging on the car or if this could have been an attempted carjacking. It is also not known if the man who was killed had a weapon with him.

Rues said, “Based on information we received and based on 911 calls the driver has stated he was in fear and there were threats and shouting and the person attempted to enter his vehicle.”

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CBS4 also spoke with prominent defense attorney Mark Eiglarsh.

”Circumstances are different in every single case so it depends on what happened,” said Eiglarsh who has handled numerous cases like this one.

Eiglarsh said, “These cases hinge upon the facts. “The law allows someone to use their weapon only when they reasonably fear death or great bodily harm. If the other man was shouting threats and the other man reasonably believed that he was in danger or great bodily harm then he could be justified in doing what he did.”

Eiglarsh said it’s likely a decision on charges will be made after police consult the Broward State Attorney’s Office.

”The claim could be legitimate based on the totality of the facts. Law enforcement and ultimately the prosecutors will evaluate whether there is sufficient evidence to prove that the driver feared death on great bodily harm,” said Eiglarsh.

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Anyone who saw what happened is urged to call Miramar Police or Broward Crime Stoppers at (954) 493-TIPS (8477).

Peter D'Oench