LIVINGSTON, Calif. (AP) — A retired Stockton police captain is facing charges that he flashed a gun at another driver during what authorities say was a road rage incident on a Central Valley highway.

Merced County prosecutors charged 60-year-old David Swim with one count of felony exhibition of a firearm to a person in a motor vehicle last week.

Authorities say Swim pulled the gun on Highway 99 in Livingston on Nov. 30 after another driver saw him using a cellphone and shook his head while driving by. Swim allegedly exited the highway later.

The California Highway Patrol says officers searched Swim’s vehicle at his home and found a handgun.

Swim’s attorney, John Virga, tells the Sacramento Bee his client did not brandish a firearm.

Swim is currently a professor of criminal justice at California State University, Sacramento.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

Comments (11)
  1. teri says:

    swim’s attorney tells the sac bee his client did not brandish a firearm.
    then what are the odds that plaintiff new he had a gun. the CHP searched swims vehicle at his home and found a that is amazing how
    the swim’s attorney acting stupid.

  2. billie aldridge says:

    and the local pigs use their cell phones [for police business] while driving ,isnot their radio for police business?

  3. termite says:

    Me for one will not call a man or a woman hows risking their lives to serve and protect the public. Just like in any public service field , you’re going to have a few bad apples . And that is true how did the other driver even know that he was even the owner of a gun ? Maybe the guy is physic , in any case the swim team will win this one ,just because he’s a retired cop The other driver can use the stressed out syndrome and sue the A$$hole retired cop .

  4. steven says:

    RETIRED is the the word. He is no longer a member of the police force. Can’t talk on the cell phone. can’t wave a gun at anyone, cant lose his temper on the road,just like allthe rest of us I am sure one of his buddies in blue will get him out of it. I will follow it. I will”brandish it”

  5. Santos says:

    I highly doubt that the other drive just drove by and shook his head at him. He probably thought he was a bad ass and flipped him off and Swim probably said oh ya buddy, do it again….However, Swim was by far the best CJ professor I’ve ever had!

  6. jackie says:

    Some thing is a missing in this picture, he was using a cell phone and pointing a gun and driving all at the same time, thats quite a feat. unless using his feet. It is no big deal to have a gun in the car, we have one in the car, a twenty two in the pickup. Even if he is guilty or not it would probably be hard to prove, it will be his word against the other guys.

    1. Hereticmonk says:

      The last two brain cells you had Jackie. Looks like one shot the other.

  7. Not a Swim fan says:

    If the guy did more than shake his head, Swim would say, “I was in fear of my life and showed my weapon in self defense.” Or, something to that effect. He just denies it completely. Does he teach these qualities at Sac State? Wonder if he was a good cop.

  8. Randy West says:

    Nothing will happen to this guy……..after I read retired cop I knew he would be getting a pass

  9. The Wild WIld West says:

    I just have to wonder how seriously the CHP takes these 911 calls. Seems like the CHP has a track record of not responding to calls from victims when someone is brandishing a firearm. A few years ago a similar incident happened in the Sacramento area where a gunman tried to run off the freeway 2 women returning home from a concert. The CHP excuse back then was all of there officers were busy and the then current commissioner of the CHP guaranteed that would not repeat itself. That there officers would respond to a call like that. How history repeats itself. Here’s a link to what happened back in 2006.

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