Lawyer says video of shooting proves man charged in Fort Worth murder is innocent
The video shows the fatal shot, but a lawyer says the shooter is not the man accused of murder
FORT WORTH, Texas – The video is visceral and awful. It captures the death of a Fort Worth man in violent detail.
Footage captured by WFAA media partner Fort Worth Star-Telegram shows a man raising a gun and appearing to take a fatal shot. The victim falls to the ground and appears lifeless.
Avery Levar Colter, 27, is charged with criminal murder. But his attorney Lex Johnston welcomes the video because he says Colter is innocent.
“I’ve been representing Avery Colter for a long time and it’s not Avery Colter,” said Johnston of the person featured in the video.
According to an arrest warrant affidavit, the murder took place in broad daylight on May 21 in a tire store on East Berry Street. The document states that the police also have video evidence, and in the affidavit, they do not claim that Colter fired the fatal shot.
They say in a video that shows a fuller, wider angle that Colter gets out of a car and appears to be arguing with victim Tony Austin. Then “another unknown black man … fires a gun at it [his] vehicle [toward Colter] … and it seems to hit the victim in the head, “says the document.
The affidavit also includes details of a witness who reported that Colter had a gun and returned fire after he was shot. However, there is no allegation that he threatened or caused the incident.
Fort Worth police told the WFAA that the homicide squad is still actively investigating the incident. They said they would not post any additional information to protect the integrity of this investigation.
Colter has a long criminal history and has already had an arrest warrant against him. He was accused of violating his parole and was only in prison a few weeks ago.
He also faces other charges, including involvement in organized crime and terrorist threat to an officer. However, his lawyer says the affidavit contains no evidence of a criminal murder charge, and he believes the charges should be dropped.
“He did not commit murder in any way, in any form or in any way,” said Johnston. “Avery Colter is not an innocent person in the grand scheme of things, but he is innocent of that offense.”
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