Man accused of Lehigh Acres shooting is hit by SUV, arrested

Posted at 1:44 PM, Jun 20, 2017
and last updated 2017-06-20 13:50:14-04

LEHIGH ACRES, Fla. -- A Fort Myers man has been arrested and charged with Aggravated Assault after deputies say he shot a man during an argument at a convenience store, then was hit by an SUV as he tried to flee the scene.

24-year-old Fabian Brunson was arrested after the incident, which happened around 3:30 p.m. Monday at the 7-Eleven store on Sunshine Boulevard at Lee Boulevard in Lehigh Acres.

According to the Lee County Sheriff's Office, store employees say Brunson got into an argument with another man, 23-year-old Charles Herzberger, while inside the store.

The two men began physically fighting when Brunson pulled out a handgun and fired two shots at Herzberger before they both left the store, where Brunson continued to fire the gun.

Herzberger collapsed in the parking lot from his injuries, and Brunson attempted to flee the scene.

That's when an SUV entered the parking lot.  Its driver told investigators that he say saw the shots being fired and started to leave the parking lot.  That's when he says Brunson crossed in front of the SUV and pointed the gun at the driver.

The driver says he swerved to avoid gunfire before crossing Sunshine Boulevard and crashing into a building, hitting Brunson in the process.

Both men were taken to Lee Memorial for treatment.

Investigators later spoke to Herzberger at the hospital, where he indicated he did not want to press charges.

Investigators however did find probable cause to arrest Brunson and charge him with Aggravated Assault without Intent to Kill, and Shooting within an Occupied Dwelling.