During an interview with Dority, he told investigators he interpreted Payne’s presence as a threat, according to court documents.
“Dority observed [Payne] making movements with his right hand in the right side of his waistband,” an affidavits read. “Dority observed the ‘shape of a gun’ on the right side of his shirt, where [Payne] was moving his hand.”
Dority then left the vehicle and got a gun from the townhouse before returning and firing one round, according to records.
Payne was not armed and no firearm was discovered in his vehicle, a deputy wrote in an affidavit.
“Dority stated he was afraid of [Payne],” according to the affidavit. “Dority stated he was protecting his family and protecting his home.”
The witness told investigators Payne was not threatening Dority or making any threatening motions, according to court documents.
Dority pleaded not guilty to one count of murder Tuesday, according to court records.
Payne, a 6-foot-10 center, was born in Dayton in 1991. He graduated from Jefferson High School in 2010. He helped lead the team to a Division IV state championship as a senior.
Payne played for Michigan State from 2010-14. He was a three-year starter who scored 1,232 points in his career. The Spartans reached the Sweet 16 in his junior and sophomore seasons and the Elite Eight in his final season.
The Atlanta Hawks drafted Payne with the No. 15 pick in the first round of the NBA Draft in 2014. He played four seasons in the NBA (2014-18) and appeared in 107 games with the Hawks, Minnesota Timberwolves and Orlando Magic.
Community members mourned his death on Monday
“We were very saddened to hear the tragic news Adreian’s passing,” Dr. Richard Gates, superintendent of Jefferson Township Local School District, said in a statement. “He was an outstanding young man with so much potential. He will forever be one of the Jefferson Township Educational Community’s shining stars.”