KUSA – The 8th Judicial District Attorney’s Office said Tuesday it will not press charges against the man accused of choking another man to death during a confrontation that Loveland police said stemmed from road rage.
This comes after the Larimer County coroner ruled that the death of 43-year-old William Jason Wheeler was a homicide.
According to a decision letter from District Attorney Clifford Riedel, Wheeler was killed following a Feb. 8 fight with a man identified as 27-year-old Marcus Bosch. Investigators found that Bosch was defending himself from the 6 feet, 5 inches, 330-pound man when he placed him into a chokehold on the side of U.S. 287, the letter says.
Wheeler was the passenger in a red Chevrolet Yukon being driven by his father. Bosch was driving a black sedan. Both Bosch and Wheeler’s father told police that “their contact that day was initiated by each taking exception to the way the other was driving” and that “they proceeded to engage in a mutual pattern of aggressive driving that continued south through Loveland to the end location of the physical altercation.”
That altercation happened when both drivers pulled over onto the side of U.S. 287. According to the decision letter, Wheeler got out of his vehicle and poured motor oil on the front of Bosch’s car as well as threw the open oil container into his window.
Bosch said he got out of his car and grabbed a “flashlight tazer” when Wheeler and his father approached his vehicle, according to the decision letter. He told police Wheeler told him he would “knock his lights out” and “bury him alive,” prosecutors said.
According to the letter, Bosch told police he continued to back up and Wheeler kept aggressively approaching him. Bosch said even Wheeler’s father told him to “let it go” and get back into the car.
But, the letter says Wheeler kept approaching Bosch and punched him in the face.
“After being struck,” the letter says, “Mr. Bosch stated that he attempted to ‘tackle’ Jason Wheeler and was able to place him in a 'rear-naked choke’ to prevent him from hitting [him.]”
Bosch said Wheeler punched him repeatedly in that position, and that Wheeler’s father told him he would only go back to his vehicle to get his gun. Bosch said he released Wheeler, punched Wheeler's father, and ran back to his car. But, when he got there and tried to drive away, he said he realized Wheeler was still on the ground.
According to the letter, Bosch ran up to a witness and told him to call 911. Other witnesses performed CPR on Wheeler, who was pronounced dead at the hospital.
Witnesses would later tell police that it didn’t appear Bosch was the aggressor during the altercation. The letter says he stayed on the scene and cooperated with police.
“The evidence supports a conclusion that Mr. Bosch’s use of force against Jason Wheeler was undertaken with the goal of ending the altercation and removing himself from the situation, rather than inflicting serious injury or death on Mr. Jason Wheeler,” the letter says.
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