- Hamilton Molina Tabanico, 30, is charged with shooting at another vehicle during a road rage confrontation.
- He faces charges including firearm possession by a restricted person and aggravated assault.
- Prosecutors seek sentencing enhancements due to Tabanico's history as a violent offender.
PROVO — A Provo man on parole after serving time in the Utah State Prison for robbery and aggravated assault has now been charged with shooting at a vehicle during a road rage confrontation.
Hamilton Molina Tabanico, 30, was charged Tuesday in 4th District Court with possession of a firearm by a restricted person, a second-degree felony, plus three counts of aggravated assault and discharge of a firearm, third-degree felonies. Prosecutors are seeking road rage and weapons sentencing enhancements if Tabanico is convicted as well as penalty enhancements for being a habitual violent offender.**
Just after 10 p.m. on Thursday, police say the occupants of an Durango SUV and the occupants of a Subaru car got into a road rage confrontation near 300 South and 600 West in Provo.
"The driver of the Durango reported that the driver of the Subaru cut (him) off and would not give (him) a way to get into the left lane. Both drivers were yelling at each other," according to charging documents.
The Durango pulled over so the driver and his brother, who was in a third vehicle, could talk about what had just happened, the charges state. That's when the Subaru pulled up and three men got out to confront the occupants of the Durango.
Witnesses said the men who got out of the Subaru "were acting aggressively and that one of the males, later identified as Hamilton Molina Tabanico, pulled out a gun," according to the charges.
When Tabanico allegedly pointed the gun at the occupants of the Durango, the driver tried to get away by making a U-turn.
"(The driver) stated that the male with the gun fired a single round from the firearm in the direction of the fleeing Durango. Officers later found a .45 Sig shell casing at the scene," according to the charges.
A passenger in the Durango told police that before they drove off, one of the men from the Subaru punched him in the face, the charges state.
"Officers obtained surveillance video of the incident. Later the same night, an officer found the white Subaru and conducted a high risk stop. The driver of the Subaru was identified as Tabanico," according to the charges. "Officers obtained a warrant and searched the white Subaru. Officers found a black Glock 36 which fired .45 rounds."
According to court records, Tabanico was convicted in one case in 2014 of aggravated assault resulting in serious injury and of robbery in another case in 2014 and was sentenced to one to 15 years in prison.
He has been in and out of prison several times since 2017, according to the Utah Board of Pardons and Parole, with his most recent parole being treated on Oct. 7.
In addition to the felony charges, Tabanico was also charged with driving a car without an ignition interlock system, a class B misdemeanor; and driving on a suspended license, a class C misdemeanor.
