Dustin Passarelli (Indianapolis Metropolitan Police Department), Mustafa Ayoubi (pictured in a tweet by his sister Zahra)
A judge on Wednesday sentenced an Army vet to prison for murdering a Muslim driver in a road rage incident where the defendant called the Prophet Muhammad a "pedophile." The defendant, Dustin E. Passarelli, 37, must spend 55 years in prison with 1,586 days of time served and 529 days of good time credit. Indiana court records show that his sentence was initially 50 years but enhanced by 5 on account of a firearm enhancement.
Jurors in Marion County convicted him on May 17 of murdering Mustafa Ayoubi, 32. Both sides argued over whether it was a matter of self-defense.
According to Indianapolis police, Passarelli claimed that Ayoubi either threw an object at his car or collided with it while they were driving on the 465 freeway. There was no damage to the outside of his vehicle, however. Prosecutors said it was Passarelli who escalated everything by following Ayoubi off the 465 freeway, through a McDonald's parking lot and inside a residential area in order to instigate a confrontation, according to the IndyStar.
"He had a choice to leave," deputy prosecutor Janna Skelton said at trial, "and he stayed."
Passarelli yelled "Muhammad is a pedophile" from inside his car multiple times, a witness said.
The defense argued their client was just protecting himself.
Passarelli claimed Ayoubi broke his window with a punch and reached into his vehicle when the shooting happened.
Witnesses said that Ayoubi walked to the driver's side of the defendant's car and told Passarrelli to get out, according to the outlet. Ayoubi made a fist and the defendant shot him, the witnesses said.
"Someone was entering in his vehicle illegally, same as someone kicking at your door or busting your window," defense co-counsel Benjamin Jaffe argued.
Witnesses reportedly did not describe Ayoubi striking the window, however. Prosecutors said that the victim lacked any kind of wounds that would substantiate claims he allegedly punched out the glass.
Authorities said the victim sustained gunshot wounds near his shoulder and multiple times in his back.