The elder Dority, who remained in his car, told police his son approached the car’s driver’s side and began “talking close together” with Payne at the vehicle. According to the affidavit, the father said he felt Lawrence Dority “appeared to be intimidated based on the size difference and (his son’s) stance.”
Payne was 6-foot-10 and 244 pounds; Dority’s court file lists him as 5-8, 150.
The younger Dority told deputies he interpreted Payne’s presence as a threat, according to the court file, and shot Payne after he got out of his car. According to Dority, Payne was “making movements with his right hand in the right side of his waist band” and that he “observed the ‘shape of a gun’ on the right side of his shirt, where he was moving hand.” Dority also claimed Payne said, “I’ll smoke you bra,” which Dority said is why he left the vehicle and went into his house to get his gun after the initial verbal confrontation.