The witness said her friend and Dority argued often and that she “has previously responded to be a ‘mediator’ to prevent any physical violence,” an affidavit read. “[The witness] assumed that’s why she was responding this night.”
She told deputies Payne was outside in his vehicle, which was parked in the street, and talking to Dority, according to court records.
Dority reportedly walked away and went into the townhouse before returning with a gun.
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.