SMITH County, Texas (East Texas News) – A Lindale man was shot when his ex-girlfriend showed up at his home with her boyfriend to collect a few belongings. All parties agreed that police should have been present prior to the meeting, according to an arrest affidavit.
KLTV obtained the arrest affidavit for Justin Wayne Hayes, 28, of Troup, who was charged with aggravated assault. He was arrested on Wednesday.
The affidavit states that Hayes arrived in the 19,000-block of County Road 4116 on Wednesday with his girlfriend and another woman. His ex-girlfriend told the victim she wanted to retrieve her belongings, but the victim told her to return with police. To prove he meant business, Hayes stepped out with his shotgun. As he leveled the shotgun, Hayes drew a pistol and began firing at the victim, the affidavit says.
The affidavit states that Hayes had no justification for shooting the victim on his property, since the three people who went to the home knew the tension was high and aggressive due to a prior confrontation.
After the encounter with Hayes and the two women, authorities questioned all three. The ex-girlfriend said that she and the victim had fought, and that she needed to return to the home to fetch her medical uniform for work. She asked Hayes to accompany her, and he took his weapon, saying he needed it for protection. On the way to the residence, the ex-girlfriend called Lindale Police and requested a civil standby, but was told that the address was in Smith County and that she should call the sheriff’s office. The ex-girlfriend did not call the sheriff’s office.
Ring Camera video shows the victim leaving his home with the shotgun in his right hand, pointed at the ground. When the victim sees Hayes holding a pistol, he swings it over his shoulder, and Hayes immediately fires at the victim, who turns to flee. The victim did not return fire and was shot in the calf. Hayes fired six times before leaving, according to the affidavit.
Hayes remains in custody on a $150,000 bond.
