Daniel Hamilton Magee, 18, was arrested on charges of aggravated assault with a deadly weapon after witnesses said he shot security guard Edward Earls at the Sigma Chi fraternity house at 2107 Nueces Street on Sunday at 3 a.m., according to an arrest warrant affidavit.
Magee is not a UT student, and neither are the two other men who accompanied him during the shooting, Austin Police Assistant Chief Troy Gay said in a press conference Monday.
Sigma Chi hosted an event after the Texas football game where the affidavit states attendees requested that Magee be escorted out for unruly behavior. Gay said Magee admitted to being heavily intoxicated and high on Xanax while at the party.
Magee wanted to join the fraternity before the incident, but became upset when he was asked to leave and had to be physically removed by Earls, according to the affidavit.
“Magee made verbal threats to return to the party with an AK-47 rifle to shoot up the place,” the affidavit states.
Magee is not a concealed handgun license owner, Gay said.
Approximately 45 minutes later, Magee returned to the party with two other men, both of whom were unaware of Magee’s intentions and will not be charged, Gay said. Magee fired one shot at Earls, who was unarmed, injuring the security guard’s foot.
“We can assure you that we believe this was an isolated incident, this was a disturbance that took place,” Gay said.
Earls, who was working at a party at the fraternity house, was transported to University Medical Center Brackenridge, according to Cindy Posey, associate director of communications for University operations. He was treated immediately after the incident and has since been released.
Austin Police Department used Magee’s phone number, which he provided to the fraternity, to track down his Facebook profile and license plate, which matched the description given by witnesses, the affidavit said.
Magee was arrested and his two roommates were taken into custody at 11:30 p.m. at 26 West apartments on Sunday, where police located an AK-47 and .40 caliber weapon, neither of which were used during the shooting. Police said the investigation is ongoing, and they are still in search of the weapon in question.
This story has been updated from its original publication.
