He was arrested in a road rage shooting, but was he even there?

A metro Atlanta man has been accused of pulling the trigger during a 2023 road rage incident. Ladavious McNair's attorney says there is no way her client is responsible as he was in class working on his PhD at the time.

"You must investigate before you incarcerate," his attorney, Marsha Mignott said.

Mignott, classmates, fraternity brothers, and friends are standing by McNair after he was charged for the road rage shooting.

According to an affidavit, the incident happened in November 2023 near the intersection of Metropolitan Parkway and Ralph David Abernathy Boulevard after some sort of accident. The victim claims McNair pistol-whipped him before shooting him in the knee and speeding off.

"His own account eight days later was he couldn't pick the person out. He picked out someone else, according to the affidavit," said Mignott, who is raising red flags in the case.

According to police documents, the victim identified another person as the suspect shortly after the shooting. It was not until August 2024 when the victim took a social media photo to investigators claiming McNair was responsible.

"The profile doesn't match the crime, but they didn't even want to hear it," McNair's fraternity brother, Kenneth Love, said.

Ladavious McNair

Ladavious McNair  (Supplied)

Atlanta police say the Flock camera system picked up McNair's car in the area around the time of the incident. Those close to McNair say that is because he was on his way to class.

"How can we equate that type of behavior with a road rage incident to a gentleman who was in class at the time pursuing a PhD degree? The math just isn't mathing," Love said

Mignott says she has an affidavit from a Clark Atlanta University professor and several classmates stating that McNair was in class at the time.

Many are expected to pack the Fulton County Court on Monday morning for the preliminary hearing.

"It could happen to any one of us. Anyone of us can be arrested, picked up and our lives turned upside down in a moment's notice because someone doesn't want to do their jobs," Love said.

His attorney tells FOX 5 she has subpoenaed a nearby video that could have video providing it was not him responsible.