MIDLAND, Tx (KOSA) -- David Wilson's defense team says a malfunctioning alarm led to him shooting and killing Midland Police Officer Nathan Heidelberg earlier this year.
The details were included in a brief filed today requesting the court dismiss the indictment against Wilson, according to the Midland Reporter-Telegram.
In the brief, Wilson's attorneys claim the alarm company mistakenly alerted MPD that a burglar alarm was going off in the Wilson's pool house.
It goes on to say that Officer Heidelberg and another officer tried to check the backyard, but the gate was locked. Then they went around front and tried opening the front door, which was unlocked.
That set off a door alarm chime, they say, which woke up Wilson's wife. She woke him up and told him she thought someone was in the house.
The brief, obtained by the MRT, then says, “Mr. and Mrs. Wilson can hear and see silhouettes outside with flashlights, But they have no idea who is outside, what they are saying, or what they are doing. There were no red and blue police lights.”
It continues, “No one has contacted the Wilsons in any way to tell them it is the police outside. All they see are surreptitious silhouettes lurking with flashlights outside their home after midnight.”
Wilson's attorneys then write that after seeing the strangers outside with their flashlights, Wilson got his gun and ran to the front of the house at the same time Heidelberg opened the door and shined his flashlight inside.
It doesn't say if Heidelberg entered the home or not.
Wilson then fired one shot, closed the door, and called 911, according to the brief.
An affidavit filed back in March disputes some of those claims.
In it, investigators say Heidelberg and the other officer responded to Wilson's home just after 1 a.m. for an alarm call.
When they got there, they walked around the home and reportedly found nothing out of the ordinary until they noticed the front door was open. Heidelberg then notified dispatch, it says.
Two other police officers then arrived as Officer Heidelberg announced his presence to anyone inside of the home.
Shortly after that, an officer heard a shot fired. The officer asked Heidelberg if he was okay, and he responded that he was.
That officer then heard another noise and found that Heidelberg had been shot and was lying face down. He later died at Midland Memorial Hospital.
There's been no ruling on Wilson's brief to dismiss.