Douglas and Ben began to drive home at the same time in separate cars. At the street intersection, Ben looked down at his watch and hit the back of Smith's car at a very slow speed, causing little damage. However, this angered Douglas who jumped out of his car, pulled Ben out of his car and beat him brutally. Douglas was found to have a blood alcohol level of .172 at the time of the fight, indicating an intoxication level of at least nine drinks