The decision was to turn towards the officer and point his handgun at the officer," he said. "The officer then fired his weapon, striking the deceased."
Other eyewitnesses, too, are refuting police claims that Smith fired the gun. They say he might have been holding it, but say another woman had shot in the air previously to end the parking lot fight.
"The girl had the gun," a witness told us. "Why'd they kill him?"
Police are now looking at a camera outside the club, trying to determine if it caught anything that might help determine facts about the shooting.
Police say the officer did give a verbal warning before opening fire. He's been placed on modified duty pending the outcome of this investigation, which is now being spearheaded by the Galveston County Sheriff's Office and Galveston County DA's office.
We learned a woman was arrested this morning. Erica Renea Hill, 24, was also arrested for resisting arrest.
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