Witness contradicts suspect’s self-defense claim in Overland Park road rage shooting

Editor’s note: A Johnson County jury found Jonathan K. Cullen Jr. not guilty on both counts of attempted second-degree murder and discharge of a firearm into an occupied motor vehicle, according to Johnson County District Court documents. His case and arrest record has since been expunged, according to Cullen and his attorney, Zach Thomas. A spokeswoman for the Johnson County District Attorney’s Office said they were unable to comment about the case.

The man charged with shooting another motorist contends he was acting in self-defense after the man confronted and threatened to kill him.

But according to a newly released affidavit, a witness told police that the alleged shooter pulled up next to the victim, who was stopped at a stop sign, and fired shots into his car.

The man wounded in the Nov. 10 incident survived the shooting, which occurred near 133rd Street and Antioch Road.

Jonathan Keith Cullen Jr. was arrested and charged in Johnson County District Court with attempted second-degree murder.

Cullen, 34, was working as a para educator for the Blue Valley School District and formerly worked as a para educator and assistant football coach in the Olathe School District.

He is licensed in Missouri to carry a concealed weapon, and his gun is “properly registered,” according to court documents filed by his attorney.

According to the affidavit filed to support the criminal charge, Cullen called police after the incident.

He told officers that he and another driver got into a road rage incident at a fast food restaurant. Cullen said that the other man got out of his car and kicked Cullen’s vehicle, according to the affidavit.

Cullen said he was “scared” and shot the man twice, before driving a short distance and calling police.

In a motion to reduce his bond, Cullen’s attorney said that the other driver “aggressively confronted and threatened to kill” Cullen on “three separate occasions.”

That man accused Cullen of cutting him off and “refused to let it go,” according to the defense motion.

But a witness to the shooting told police that she first saw the two vehicles stopped next to each other at 133rd and Antioch. The victim was standing outside his vehicle, a Chevrolet Impala, and she saw the door of Cullen’s car shut, according to the affidavit.

Next, the witness saw the victim’s Impala turn east on 133rd Street and stop at a four-way stop sign.

The witness pulled up directly behind the Impala. Cullen’s car, a Chevrolet Camaro, pulled up next to the Impala.

“She feared something was going to happen based on the disturbance at 133rd and Antioch,” according to the affidavit.

The witness said she saw the passenger side window of the Camaro roll down and saw a gun point toward the driver of the Impala.

She then heard several shots.

“According to her, the driver of the Impala did not get out of the car before the shooting,” a detective wrote in the affidavit.

Cullen was released from jail on Nov. 22 after his bond was reduced from $250,000 to $100,000.

His preliminary hearing is scheduled for Jan. 30.

This story was originally published November 28, 2017 at 10:19 AM with the headline "Witness contradicts suspect’s self-defense claim in Overland Park road rage shooting."