A spring Sunday outside Sam's BBQ in East Austin went from laid-back to life-threatening in seconds, as what started as a fight in the parking lot erupted into a barrage of gunfire that wounded six people, according to court documents.
Detectives say a dispute outside the restaurant escalated into shots being fired in front of a large crowd. Investigators have identified 22-year-old Dalin Harris as the second suspect in the April 26 shooting and allege he fired a weapon during the chaos. One victim was shot in the head, while others were hit in the back, arm, leg, and other areas.
According to CBS Austin, a newly released affidavit says detectives tracked Harris using witness descriptions, cellphone video, and hospital surveillance footage, and believe he should face a deadly-conduct charge. The affidavit alleges Harris and another man exchanged gunfire outside the crowded business during the confrontation.
How investigators say it unfolded
According to KXAN, the affidavit states that Harris was one of the six people treated for gunshot wounds, suffering injuries to his arm and leg. Surveillance footage appears to show him firing toward the other man as that person walked away, investigators say.
Detectives interviewed more than 20 witnesses and combed through multiple videos circulating online as part of the investigation, piecing together what happened in the packed lot outside the popular barbecue spot.
Arrest, scene, and community reaction
According to FOX 7 Austin, 24-year-old Wesley Earl Brown was arrested days after the shooting and booked into the Travis County Jail on a charge of aggravated assault with a deadly weapon. Video and reporting from the scene showed dried blood on the sidewalk and patrons running for safety during what had been a busy "Sunday Funday" event at the restaurant.
What the law says
Under Texas law, discharging a firearm at or toward another person can be charged as "deadly conduct" under Texas Penal Code §22.05, per the statute. Tex. Penal Code §22.05 A third-degree felony carries a punishment range of two to 10 years in prison and a possible fine up to $10,000, per Tex. Penal Code §12.34.
Police say the investigation is still active and are asking anyone with information, photos, or video from the scene to contact APD's Aggravated Assault Unit or submit anonymous tips through Capital Area Crime Stoppers, according to FOX 7 Austin. Investigators say tips and footage have been central to the affidavit's findings as they continue to review evidence and look for additional witnesses.
