AFFIDAVIT: Volunteer at community kitchen shot during scuffle between guard, suspect

    A man was shot Friday afternoon at a downtown community kitchen when a security guard's gun accidentally fired in a scuffle. (Photo: CBS Austin)

    A volunteer was shot Friday afternoon at a downtown community kitchen when a an irate man grabbed security guard's gun, discharging it during a scuffle.

    Court documents show that close to 12:30 p.m. Austin Police responded to Caritas. at 6th and Nechces Street, and discovered two security guards scuffling with a man.

    The guards told the officer that the man, identified as Phillip Lamar Southerland, 30, entered the building looking for water. When told that they were cleaning and could not provide water, Southerland allegedly became agitated, with two security guards intervening and requesting Southerland to leave.

    A guard attempted to physically remove Southerland, who jerked away, causing the guard to fall. The second guard grabbed Southerland's torso while the guard on the ground attempted to grab the subject's lower half, with Southerland kicking the guard in the head, according to the affidavit.

    When Southerland was taken to the ground by the guards, the document states that Southerland grabbed the holstered gun of the guard initially on the ground, discharging the firearm. The guard hit Southerland's arm just as he removed the weapon from the holster, knocking the gun away.

    The bullet penetrated a wall, hitting a volunteer dishwasher in the leg, near the shin. The victim, described as a man in his 30s, was taken by Austin-Travis County EMS to Dell Seton Medical Center with serious, non-life-threatening injuries.

    Southerland was arrested and transported to the Travis County Jail, where he is charged with two counts of aggravated assault against a security guard, and taking a weapon from an officer. His bond is set at $500,000.

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