According to an arrest warrant, Payne was parked outside Dority’s Orange County townhome before the shooting early Monday morning. Dority told deputies he interpreted Payne’s presence “as a threat” and that Payne was “intimidating due to his size.”
Dority told deputies he was threatened by Payne and believed Payne had a gun, so Dority said he went inside his home to get his own weapon. When he walked out of the home, Dority said he fired one round at Payne before going back inside.
A witness told deputies Payne “was not threatening Dority in any way.” And investigators confirmed Payne was not armed and no weapons were found in his car.
Investigators said Dority stayed at the scene until Orange County deputies got there.
Over three seasons, Payne played 107 games for the NBA. He last played for the Orlando Magic in 2017, which was his final season in the NBA.
Through the years Adreian Payne #5 of the Michigan State Spartans dunks against the Virginia Tech Hokies during their game at the Barclays Center on November 22, 2013 in New York City. (Photo by Al Bello/Getty Images) (Al Bello/Getty Images)
Through the years Adreian Payne #5 of the Michigan State Spartans celebrates with 8 year old Lacey Hullsworth after the 69-55 win over the Michigan Wolverines during the finals of the Big Ten Basketball Tournament at Bankers Life Fieldhouse on March 16, 2014 in Indianapolis, Indiana. (Photo by Andy Lyons/Getty Images) (Andy Lyons/Getty Images)
Through the years Adreian Payne #5 of the Michigan State Spartans shoots over Siyani Chambers #1 of the Harvard Crimson in the first half during the Third Round of the 2014 NCAA Basketball Tournament at Spokane Veterans Memorial Arena on March 22, 2014 in Spokane, Washington. (Photo by Steve Dykes/Getty Images) (Steve Dykes/Getty Images)
Through the years Adreian Payne #5 of the Michigan State Spartans reacts after a basket in the second half against the Connecticut Huskies during the East Regional Final of the 2014 NCAA Men's Basketball Tournament at Madison Square Garden on March 30, 2014 in New York City. (Photo by Elsa/Getty Images) (Elsa/Getty Images)
Through the years Adreian Payne #5 of the Michigan State Spartans and Phillip Nolan #0 of the Connecticut Huskies chase after a loose ball during the East Regional Final of the 2014 NCAA Men's Basketball Tournament at Madison Square Garden on March 30, 2014 in New York City. (Photo by Bruce Bennett/Getty Images) (Bruce Bennett/Getty Images)
Through the years Adreian Payne #33 of the Atlanta Hawks poses for a portrait during the 2014 NBA rookie photo shoot at MSG Training Center on August 3, 2014 in Tarrytown, New York. (Photo by Nick Laham/Getty Images) (Nick Laham/Getty Images)
Through the years Adreian Payne #33 of the Atlanta Hawks poses for a portrait during the 2014 NBA rookie photo shoot at MSG Training Center on August 3, 2014 in Tarrytown, New York. (Photo by Nick Laham/Getty Images) (Nick Laham/Getty Images)
Through the years Adreian Payne #33 of the Minnesota Timberwolves leans on Andrew Wiggins #22 during practice before the game against the Los Angeles Lakers at Staples Center on October 28, 2015 in Los Angeles, California. (Photo by Harry How/Getty Images) (Harry How/Getty Images)
Through the years Josh Smith #5 of the Houston Rockets drives with the basketball against Adreian Payne #3 of the Minnesota Timberwolves during their game at the Toyota Center on February 23, 2015 in Houston, Texas. (Photo by Scott Halleran/Getty Images) (Scott Halleran/Getty Images)
Through the years Adreian Payne #33 of the Minnesota Timberwolves takes a shot against Chandler Parsons #25 of the Dallas Mavericks at American Airlines Center on February 28, 2016 in Dallas, Texas. (Photo by Ronald Martinez/Getty Images) (Ronald Martinez/Getty Images)
Through the years Adreian Payne #33 of the Orlando Magic shoots against the Chicago Bulls at the United Center on December 20, 2017 in Chicago, Illinois. The Bulls defeated the Magic 112-94. (Photo by Jonathan Daniel/Getty Images) (Jonathan Daniel/Getty Images)
Through the years Jerian Grant #2 of the Chicago Bulls looks to pass against Adreian Payne #33 of the Orlando Magic at the United Center on December 20, 2017 in Chicago, Illinois. The Bulls defeated the Magic 112-94. (Photo by Jonathan Daniel/Getty Images) (Jonathan Daniel/Getty Images)
Through the years Adreian Payne #33 of the Orlando Magic shoots against the Chicago Bulls at the United Center on December 20, 2017 in Chicago, Illinois. The Bulls defeated the Magic 112-94. (Photo by Jonathan Daniel/Getty Images) (Jonathan Daniel/Getty Images)
He was released by the Magic after ESPN reported an alleged sexual assault involving Payne and former Michigan State University guard Keith Appling in their college freshman year.
Prosecutors had not pressed charges and no legal action was taken, the Free Press reported.
Dority is set to appear before a judge at 1 p.m. Tuesday.
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