ATLANTA — A Clark Atlanta University graduate student charged in a road rage shooting will remain in jail after a grand jury indicted him just days before he was set to face a judge.

The family and friends of Ladavious McNair packed the courtroom on Monday for what was supposed to be a preliminary hearing.

But that didn’t happen because of an indictment. They were shocked to learn he wouldn’t be getting out.

“I’m at a loss for words,” McNair’s fiancée said. “It’s unrealistic. It’s inhumane.”'

McNair’s family made an emotional plea for justice and called on Fulton County District Attorney Fani Willis to look at the facts of the case.

A victim in a 2023 shooting told police that he and McNair were involved in a minor accident. The victim said McNair got out of his car when they stopped at Metropolitan Pkwy and Ralph David Abernathy Blvd and shot him in the leg.

McNair’s attorney, Marsha Mignott, called those allegations false. She says her client, an Army veteran and Ph.D. student at Clark Atlanta, was in the middle of class at the time of the shooting.

His attorney said that she reviewed the arrest affidavits and believes her client shares a name with the actual shooter. She claims both drive an Infinity, but different models, and are from the same North Carolina town.

She also claims the victim was unable to identify her client until eight months after the shooting.

“We’re also going to be filling a speedy trial. Because if you think Mr. McNair is guilty beyond a reasonable doubt and you can prove it, let’s not wait. Let’s try his case. Now if you rush to indict, you should rush to try it. Let’s go,” Mignott said.

Earlier this month, a spokesperson for Atlanta police sent Channel 2 Action News a statement that said they would not be trying this case in the media and would let the legal system play out.