CLEMSON — Dr. Frank Rao, an otolaryngologist who practices at Upstate ENT Associates in Seneca, confirmed Thursday that the charges of assault and battery of a high and aggravated nature against him have been formally dropped.
“The case was dismissed yesterday for inadequate evidence,” Rao said.
Rao was taken into custody and charged after a July 27 incident in which he allegedly shot a 20-year-old man in the back following an altercation outside his Clemson home.
According to the Clemson police report, Michael Storey was in an argument with Rao’s son, Alex at their Clemson residence when Rao confronted Storey. When Storey didn’t leave Rao’s property, Rao told his son to retrieve his Benelli 20-gauge shotgun, which was loaded with two rounds of pellet birdshot.
“The police did not investigate the incident well,” Rao said. “I did not shoot him in the back. I shot at the ground to scare the perpetrator away after he assaulted me.”
Rao noted Storey was significantly taller and about 30 years younger than him and that Storey had brought several of his friends along. The doctor said he fired a warning shot with two rounds of birdshot, which ricocheted at Storey. Clemson police arrived on scene, took Rao into custody and obtained a warrant based on the information they gathered at the scene.
But Rao and his attorney, Gruber Sires, had other ideas.
“I hired a private investigator and a ballistic expert to gather evidence the police neglected to gather,” he said.
Besides the fact that he was acting in self-defense, Rao explained, the idea that he was shooting at Storey didn’t make sense, as 700 pellets were fired from the weapon, yet Storey was only speckled with roughly 25 of them. The solicitor agreed there was not enough evidence to sustain the charges.
“There was no pre-trial, no indictment,” he said. “All the charges are just dropped.”
November 21, 2008
6:30 a.m.Report inappropriate content
Congrats Dr.Rao!!
Where are all of Dr. Rao's "guilty accusers" now? You were all so positive he was guilty. Let's see how many of you show up to say "I guess I was mistaken". If you do come forth it will be only to say that his money got him out of it. Occasionally, justice can prevail.
I bet outoftowner doesn't admit she was wrong. She has a personal axe to grind,evidently.
Have a wonderful day, I bet Dr.Rao is finally!
November 21, 2008
9:12 a.m.Report inappropriate content
Innocent until proven guilty...in Dr. Rao's case--his innocence prevails. Congratulations Dr. Rao!
For all of the upstanding citizens of Oconee/Pickens county who pointed the finger at Dr. Rao--go to a mirror and point the finger at yourself---shame on you all! Dr. Rao is a wonderful man and a fantastic doctor--he is one of the best doctors here in Oconee county--a true asset to the medical community. Thank goodness the truth sets you free!
November 21, 2008
1:11 p.m.Report inappropriate content
I am glad for Dr. Rao! He was defending himself, his son & his home. In my opinion he had the right to actually shoot the boy! Thank God Dr. Rao did have the funds to hire his own attorney and private investigator, or else he would've been up the creek - even with just ricocheted (?) pellets hitting the boy! See how the media and/or law enforcement assumes guilt first....not the way it is supposed to be. And an actual, full blown investigation should always be done before even actually charging someone in a case like this! You go Dr. Rao....maybe you helped the rest of us out there if we ever find ouselves in your situation! I for one say "Thank you Dr. Rao" !