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AFFIDAVIT: Shootout that left 1 dead, 1 injured in Tyler started 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.

SMITH COUNTY, Texas — Police documents show the shootout in Tyler leaving one dead and another person injured last week stemmed from an argument at a pool hall.

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. 

Horatio Williams, 57, of Tyler, died from his injuries and Laray High, 50, of Tyler,  was treated and released from the hospital, Tyler police said.

According to the arrest warrant affidavit, on Aug. 8, the Tyler Police Department officers 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. 

The owner of the building said Harvey was inside the building joking with Williams before the shooting. He said Harvey was arguing with Williams, when they later went outside, continuing to argue and joke with each other. 

The affidavit states 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, the owner was leaving the building through the front door where he saw Harvey come around the west corner with a handgun in each hand. The document states that Harvey made 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, the affidavit read. The building owner said he believed Williams took several shots to the back. 

The owner told police 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,'" the affidavit stated. 

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 stated.

Laray High had arrived at the hospital, who was also suffering from gunshot wounds. High had been at the pool hall when the shooting began, and said Harvey was the shooter after seeing a photo of him, according to the affidavit. 

The affidavit details that High had ran towards Moore Street when the shooting started and suffered injured to the back of his legs that were bleeding; it's unknown how High sustained these injuries in his legs.

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

Detectives discovered Harvey had arrived to a UT Health hospital, alleging he was in a motorcycle crash, 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.

The affidavit reads that Harvey reiterated he was in motorcycle wreck somewhere on Texas College Road, but when prompted on what happened, Harvey asked, "did someone tried to kill me at the pool hall?"

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

Detectives found a witness, who was drinking alcohol at the time, but alleged he saw Williams point a shotgun at Harvey, which is why Harvey shot Williams. He said he only saw one gun on Harvey and that Williams had a shotgun, the affidavit read. 

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