“Upon going outside, (the first witness) stated that they got into a verbal argument with the group that arrived,” an arrest report states. “A Black male wearing all black and a black mask from the offending group then began to reach into his waistband. (The witness) stated she believed the offender was about to brandish a firearm and she began to run.”
The witness then heard multiple shots being fired and “found the victim screaming,” having been shot in the leg, police said.
Police said after reviewing videos, it turned out that the victim had been caught in the crossfire: They said the clips showed the man taking the gun out and pointing it at the group, but putting it back, turning his back and walking away before Penichet, whose stepdaughter had been involved in the altercation, began firing at him.
They said the victim was shot after the man fired eight shots back at Penichet.
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