SACRAMENTO (CBS13) – A Sacramento State criminal justice professor and ex-cop has been charged with pointing his gun at another driver during a road rage incident.

According to Merced County prosecutors, 60-year-old David Swim pointed a gun at another driver on November 30th during a road rage incident while the two were on Highway 99 in Merced.

Swim’s lawyer, John Virga, says his client argued with the driver but didn’t pull a gun.   Although, Virga acknowledges Swim did have a licensed gun under the seat in his car.

Swim spent 22 years in law enforcement before becoming a criminal justice professor.

Officials at Sacramento State say Swim has not been suspended but they are looking into the charges.

Comments (12)
  1. Clyde says:

    Cops. Need one say more?

  2. BoobieC says:

    Let’s get this straight, Victim starts the confrontation by acting like an fool because Swim was allegedly talking on a cell phone while driving. Victim complains to the cops who present him with a photo lineup and he picks out the WRONG guy. A classic case of, he said he said, with no other evidence presented. As a retired law enforcement officer, Swim is legally entitled to carry a concealed firearm and it should be no surprise to anyone that a gun was found inside his home, as many of us have firearms at our homes. This is a BIG CASE OF NOTHING and a waste of law enforcement time and resources.

    1. Kara says:

      So the victim just had a lucky guess that there was a gun in Swims car under his seat? I mean really….He obviously showed it to the other driver at some point!
      Talking on the cell while driving is against the law for every one isnt it? Road rage is NEVER ok for ANYONE! (Especially if the person is ex law enforcement.

      1. Stringer says:

        “You go get em Kara” You said it so well I don’t have type another thing.

    2. mike williams says:

      the gun was still in the car and on the seat in a bag, use of deadly force is only legal when u are in fear of great bodily harm or even death. if your in a car on the freeway then it is easy enough to apply the brakes and slowly move away from a issue.the person in the other vehicle shook his head in disbelief that mr swim was swerving off the road due to fooling with his cell swim then sped up to further the issue……he should be let go from the university unless the university thinks its ok to have a professor act that way?

  3. Anon. says:

    You dont’ even know if he pointed the gun…it’s a game of he said/he said and the “victim” couldn’t even pick out the correct guy in the photo line-up. Swim could have made a hand gesture of a weapon and the “victim” wanted to get him in trouble. It isn’t a stretch to figure out that someone formerly in law enforcement or associated with law enforcement would have a gun. Many retired cops do.

    And if you want to gripe about cell phone users, try the millions of people who think holding a speaker phone is hands-free. Nearly everyone is violating that Vehicle Code section…but that’s only an infraction. (Small beans compared to a weapons charge.)

    I agree that it’s a total waste of time and energy. It wouldn’t take long for a good defense attorney to destroy that “victim’s” credibility on the stand! The DA is crazy for filing charges, if he does.

    By the way, ever heard of the presumption of innocence? Swim isn’t guilty until the government proves it in a court of law (beyond a reasonable doubt) – it doesn’t matter even if he is former law enforcement. He’s still afforded that presumption under the US Constitution.

    1. Kara says:

      No where did I say he WAS guilty….I simply stated the obvious. How was the guy to know he was a retired cop when making the accusations and was it just a lucky guess he had a gun under his seat. I propbably wouldnt pick the right guy either. When in situations like that your fear or adrenaline could prevent you from getting a good look. Alls I am saying is 1+1=2 and everyone should be treated the same. Cop, retired cop, military verteran (as I am) or civilian. Oh and I am with you on the cell phone thing!

      1. Peter says:

        Well Kara, if you would read the whole original story instead of this little clip then you would know that he flashed a hat at the guy that showed his affiliation woth the sherriff’s department. So truely it is not much of a stretch to think that the person who couldn’t pick Professor Swim out of a lineup would take a guess he was law enforcement and had gun. I actually had Professor Swim as a teacher and he is a memorable guy. I’m not saying he did or didn’t do it, but it seems a bit far fetched to me.

      2. mike williams says:

        thank you kara,

      3. Kara says:

        Uh Peter…..A hat that showed he was affiliated? Lots of people have hats that say SHERRIFF……They sell them at all kinds of stores. How was this person to know if the hat was legit or not. And if he did flash his hat was that his way of saying dont mess with me I can talk or look at my cell if I want. Come on! I mean what was he trying to prove by flashing a hat? Or a gun for that matter?????

  4. mike williams says:

    its funny that people make assumptions about victims,the photo line up had the registered owner of the car, and david swim was not in the line up. mr swim was driving a friends car south when this happened.the gun was on the passenger seat next to him while he was driving.when i heard of this mans accomplishments prior to this time in his life i was shocked myself. my friend contacted CHP right away and it took merced county long to bring it up.sorry people but i think if a regular person did something like this we would go directly to jail,why should he be any different?

  5. imnotrich says:

    The David Swim I knew and worked with at Stockton PD would not have pulled a gun unless it was justified in self defense, and had he fired he would not have missed.
    SO if Swim really did pull a gun I’m thinking there is more to this story the alleged “victim” is not being straightforward about. I’m also thinking this alleged “victim” is lucky to be alive.
    These types of complaints really make me sick, when people who use force or threaten the use of force against cops or ex cops don’t understand when cops respond with force. I won’t list too many examples but Rodney and Oscar are a couple. Or the #OWS idiots in Oakland and elsewhere. People when you fight with police, what are you expecting a free soda and a hamburger? With cheese?
    I doubt the DA will file anything, and if the DA does file it will be against the other driver (whom I note is not named in the article).

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