Keith Byrne, 41, was killed by Andre Sinclair, 22, as he tried to apologize to Sinclair’s girlfriend, who was driving their car, in Davie, a suburb of Miami, on June 7.
Byrne, a father-of-three, accidentally cut the woman off.
He was on the phone to a friend at the time and told them that he was waiting for the other vehicle to pull up to a stoplight to say sorry.
From his pick up truck, he told them: ‘My bad.’

Sinclair got out of the vehicle, approached Byrne’s truck, and grabbed him by the neck.
He then opened fire as his girlfriend and their 19-month-old daughter sat in their vehicle.
The Marine veteran also had a weapon and returned fire, saying to a friend on the phone: ‘I think I’ve been shot!’
Sinclair died in the hospital two days later and Byrne died at the scene.

Sinclair’s girlfriend, shown, had been driving their BMW. She claims she tried to refrain him. Byrne retuned fire hitting his assailant several times. Sinclair died in hospital. Police said he would have faced murder charges

Road rage victim Keith Byrne with his two daughters

Byrne, a father-of-three, returned fire, injuring his shooter multiple times, but died from a gunshot wound to the chest. He is shown with his daughters

His girlfriend, who claims she tried to restrain him when he pulled out his gun, has not been charged.
Relatives said Byrne was on the way to see his mother when the shooting occurred.
Byrne’s family told Local 10 News he was a veteran of the U.S. Marine Corps. He leaves behind three children. A 21-year-old son and two daughters, ages 19 and 17.
Both men legally held concealed carry licenses, however, Sinclair was the primary aggressor.
Authorities said he would have faced charges if he had survived the shooting.
The 22-year-old had been cited three times in the past, all on driving charges.
The first was for speeding, the second was for allowing someone under the age of 18 to be in a car without a seatbelt and the third was for an unspecified traffic infraction.

Police now say that if Sinclair had survived, they would have charged him with murder.
‘It’s irrelevant that we are in Davie or Broward. Road rage can happen anywhere at any time. Out there on the roads, we must share the roads with everybody.
‘Everybody is trying to get somewhere, school, work, home, uh everybody is in a rush to get somewhere.
‘But when we start letting our tempers get involved, bad things happen,’ said Sgt. Mark Leone said.
Byrne will be laid to rest in a military funeral.