Details over deadly shootout in Tyler released | cbs19.tv

2022-08-12 20:55:00 By : Ms. Jessie Lei

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SMITH COUNTY, Texas — The arrest warrant affidavit for the Tyler man who killed one and injured another person at a poll hall business in Tyler on Aug. 8 have been released, and details the shootout stemmed from an argument.

Frederick Leon Harvey, 59, was booked into the Smith County Jail on one count of murder and two counts of unlawful possession of a firearm in connection with the shooting in the 900 block of West Morris that occurred during the afternoon of Aug. 8. 

According to the arrest warrant affidavit, on Aug. 8, the Tyler Police Department were called out to a shooting in the 900 block of W. Morris to a pool hall business. Once on the scene, officers had discovered a silver van with multiple bullet holes on the driver, passenger and back sides; glass shattered around the ground; brass shell casings; a large pool of blood with a trail into the road; and a black semi-automatic handgun on the street. 

Chester Dotson, the owner of the building, stated that Harvey was inside the building joking with the victim, Horatio Williams, 57, of Tyler, before the shooting. Dotson further explained that Harvey was arguing with Williams, where they later went outside, continuing to argue and joke with each other. 

The affidavit furthers Dotson's statement, where he detailed that as the two continued to argue, Williams pulled out a shotgun from the silver van. Williams did not point the shotgun at Harvey, but made a statement to the effect of "I'm going to let you make it how you let me make it 30 years ago", and returned the shotgun to the van.

About 30 minutes later, Dotson was leaving the building through the front door where he observed Harvey come around the west corner with a handgun in each hand. The document states that Harvey went on to make statements against Williams and began firing at him.

Williams retreated to the van and grabbed the shotgun, firing back at Harvey, possibly hitting him in the hand, states the affidavit. Dotson states that he believed Williams took several shots to the back. Dotson ran around the east side of the building to escape the shooting.

Dotson did go into further detail to mention that Williams is "always looking for trouble and had been making statements all day to the effect of 'I'm going to die today or I'm going to shoot someone.'"

Detectives were told that Williams had died shortly after arrival to the hospital, suffering multiple gunshot wounds along his lower torso. Additional gunshot wounds were found on the front and back of his legs, the document states.

Laray High, 50, of Tyler, had arrived at the hospital, who was also suffering from gunshot wounds. High had been at the pool hall when the shooting began, and confirmed to detectives that the shooter was Harvey when he was shown a photograph of Harvey.

The affidavit details that High had ran towards Moore St. when the shooting started and suffered injured to the back of his legs that were bleeding; it's unknown if the injuries are from shrapnel or how High sustained these injuries in his legs. Furthermore, High's vehicle was shot in the windshield.

High was treated for his injuries and later released that day.

Detectives discovered that Harvey had arrived to a UT Health hospital, alleging he was in a motorcycle accident, which led to the injury in his hand. Harvey's left hand was bandaged, which when unwrapped revealed a swollen injury consisting of multiple small holes. Harvey was later read his Miranda Rights, which he denied any knowledge of knowing, according to the affidavit.

Harvey further stated that he was in a motorcycle accident somewhere on Texas College Rd., but when prompted on what happened, Harvey asked "did someone tried to kill me at the pool hall?"

Documents state that after Harvey was informed that his injuries were not consistent with a motorcycle accident, Harvey replied with "yea, I know." Once Harvey requested an attorney, the interview with detectives stopped.

Detectives found a witness, named Tony Toler, when canvassing the area. Toler was drinking alcohol at the time but alleged that he saw Williams point a shotgun at Harvey, which is why Harvey shot Williams. Toler further detailed that he only saw one gun on Harvey and that Williams had a shotgun.

Once the arrest warrant was granted by a Peace Officer of the State of Texas in Smith County, Harvey was taken into custody on one count of murder and two counts of unlawful possession of a firearm. His bonds total $550,000.

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