A Madera man is resting at home after an off-duty California Highway Patrol Officer shot him in the hand Sunday night.
Madera police say the officer started following 51-year-old David Romero because he was driving erratically, and the officer claims Romero brandished a gun.
But Romero says the off duty officer fired at him because of road rage.
Romero says the driver of the black SUV started tailing him and followed him for several blocks after he accidentally cut him off.
Madera Police who are investing the shooting say the officer opened fire at Romero, only after he brandished a gun.
A witness to the shooting says Romero never had a chance to brandish a gun.
Jorge Acosta, who lives near the location of the shooting says, "As soon as he blocked him, he started saying put your hands up. He started shooting." Reporter asks, "Never identified him as an officer?" Acosta says, "No sir never did."
David Romero says, "I just want to clear my name. I lived here all my life and worked here all my life, I want people to know what happened."
David Romero was arrested and charged with brandishing a handgun.
Romero is seeking the advice of an attorney and he plans to file a suit against the off duty officer.