Affidavit: Suspect in deadly Halloween shooting claimed victim was trying to rob him
Suspect, victim and friends had been consuming drugs and alcohol before shooting, documents state
KILLEEN, Texas (KWTX) - Affidavits obtained by News 10 reveal a deadly shooting the morning of Halloween happened after the suspect and the victim consumed drugs and alcohol with a group of friends, and engaged in a wrestling match which left the suspect angered and humiliated.
Law enforcement officers with the U.S. Marshals and Killeen Police on Friday, November 5, arrested Perry Tyshawn Davis, 43, the man wanted for murder in connection to the shooting death of Jhirmack Wartell Brown, 39. The suspect was located in the 1300 block of Powder River Drive and taken into custody without incident, police said.
Killeen Police began investigating the shooting at about 2:30 a.m. Sunday, October 31, after officers responded to a duple in the 1200 block of Middleton Street. At the time, a neighbor who called 911 reported gunfire in the adjoining unit and said bullets were “flying through his bedroom wall.”
Officers arrived at the scene to find Davis outside the duplex suffering from a gunshot wound to his leg. Davis was lying on the ground next to a revolver, narcotics, and a “large wad of cash,” a court document states. Brown was found dead inside the duplex unit in a bullet-riddled bedroom.
Davis, Brown, Brown’s girlfriend, and two friends of Davis had been consuming drugs and alcohol inside the duplex unit prior to the shooting, documents reveal. The unit is the home of Brown’s girlfriend, the court document states.
At one point, Davis challenged Brown to a wrestling match and Brown slammed Davis to the ground. An enraged Davis left the duplex with his friends shortly after he was slammed to the ground. Davis, however, later returned to the duplex by himself to apologize to Brown and Brown’s girlfriend for his behavior, the documents state.
Davis, Brown and Brown’s girlfriend then proceeded to hang out in the woman’s bedroom inside the apartment unit and continued doing more drugs, per the document. At one point, according to Brown’s girlfriend, Davis allegedly stood up and asked Brown, “do you want to buy this gun?”
The woman told police Davis fired the gun twice at Brown and yelled, “oh my God! I shot GA.” GA was Brown’s nickname, the court documents state.
Brown’s girlfriend told police the shooting was not an accident. “The female said the suspect’s (Davis) demeanor, movement and actions were aggressive and intentional,” the court document states.
Brown allegedly returned fire at Davis after Brown had been struck by gunfire, the court document states. Rounds fired by Brown struck Davis in the femur.
After he was struck in the leg, Davis “fired wildly as he exited the room and began crawling for the front door,” the arrest affidavit states.
After the shooting, detectives interviewed the two friends who had been with Davis at the apartment earlier in the evening. The friends said Davis was angered he had been slammed to the floor by Brown during the wrestling match.
The friends said that as he drove away from the duplex following the wrestling match, Davis angrily screamed “It’s war! It’s war!” The friends also told detectives Davis was driving aggressively, speeding and running red lights before he dropped them off and returned to Brown’s girlfriend’s duplex.
Back at the hospital, detectives interviewed Davis, who allegedly claimed he shot Brown after Brown tried to rob him. When asked who fired first, Davis allegedly asked the detectives why that mattered. Davis later said he and Brown both drew their weapons and fired at the same time.
Brown’s girlfriend told police that at no point was Brown the aggressor and that they never tried to rob Davis.
Additionally, one of Davis’ friends told detectives that Davis “was not acting normal, and that the large volumes of narcotics and alcohol led to the suspect’s paranoia and hyper aggressiveness that evening.”
Davis was charged with murder and unlawful possession of a firearm by a felon. Davis had been convicted of delivery of cocaine in 2001 and had served a five-year prison sentence, according the latest arrest affidavit.
Davis had been released from the hospital prior to his arrest on November 5. Online jail records indicate he remains jailed on bonds totaling $225,000.
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