An argument that led to a fatal shooting in a Lithia townhome community last month began when the shooter backed a U-Haul truck into the home of a man who would have been his next door neighbor, court documents show.
Hillsborough deputies arrested Christian Gage Freebourn on a second-degree murder charge on Friday, about six weeks after he fatally shot 57-year-old Herbert Harris outside his home in the Kinglet Ridge community. An arrest affidavit outlines what led to the shooting and how Freebourn, 28, claimed he shot Harris because Harris said he had a gun and advanced toward him.
Deputies responded to a shooting call about 9:40 p.m. on May 10 and found Harris on the ground near the driveway of his townhome with gunshot wounds to his head and body. He died at the scene.
An autopsy revealed that Harris had five gunshot wounds: one in the eye, two in the neck, one in the upper chest and one in the leg, according to the affidavit.
Harris’s girlfriend told deputies she and Harris were inside their home when they heard a loud bang, looked out the window and saw that the balcony of their home had been struck by a U-Haul truck that was now parked in their neighbor’s driveway. She and Harris went outside and saw Freebourn and his brother. She said Harris and Freebourn got into an argument and Freebourn lifted his shirt and showed a gun in his waistband.
The girlfriend said she went into their house to retrieve her phone and while heading back outside heard three gunshots. She found Harris on the ground and Freebourn standing in front of the U-Haul truck with his gun exposed in his waistband, the affidavit states.
Freebourn told deputies that he was moving into his new home when he accidentally hit the neighbor’s balcony with the U-Haul. He said Harris and his girlfriend came out of the home and Harris said Freebourn would have to pay for the damage. Freebourn said he told Harris he would do so but that Harris “continued to be upset and argue with him,” the affidavit states.
Freebourn said he told Harris to go back inside and Harris replied, “Make me” and then “squared up” and took a step toward him, according to the affidavit. Freebourn said he took a step back and said, “Please don’t do this, I have a firearm. I have a concealed weapons permit. I don’t want to do this.”
Freebourn said Harris said, “I have a gun, too,” and took a step toward him. Freebourn said he didn’t see a gun and didn’t know if Harris meant that he had a gun on him or in his house. Freebourn said he took another step back and again said, “Please don’t do this.” He said Harris stepped toward him again and the two men stood face to face for several seconds before Harris “came forward” again.
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Explore all your optionsAt that point, Freebourn said, he drew his gun and shot Harris three to four times, according to the affidavit.
Later in the same interview, Freebourn said Harris came toward him with his arms raised in a “bear hug like” motion. He said the two men did not have physical contact and he did not see that Freebourn had a weapon.
Freebourn told detectives that he’d previously injured his left wrist and tore a rotator cuff during jiu-jitsu training.
“He advised he was concerned his injury and the size difference between himself and the victim could lead to the victim taking his firearm; however, he never advised he was in fear for his life due to the victim’s actions,” the arrest affidavit states.
During a reenactment of the shooting after the interview, Freebourn showed how Harris leaned forward and said that he couldn’t see Harris’s hands at that point because they were down by his waist, which “directly contradicted” his earlier account, the affidavit states.
Freebourn’s brother, who is 13, told deputies that the argument between his brother and Harris escalated when Christian Freebourn told Harris to go back inside. The brother said Freeborn told him to get into the U-Haul truck at that point, which he did. He said there were several seconds of silence followed by four gunshots. The brother said he couldn’t see the shooting from inside the truck.
The brother said he didn’t hear Harris say anything about having a gun.
Freebourn was being held Monday without bond in Hillsborough’s Falkenburg Road jail. The Hillsborough State Attorney’s Office has filed a motion seeking a judge’s order to keep Freebourn in jail pending trial, arguing that he presents a danger to the community.
Freebourn’s attorney, Mark O’Mara, filed a motion Monday asking a judge to set “a reasonable bond.” According to the motion, Freebourn is an eighth-generation resident of the area, a construction manager for homebuilding company Taylor Morrison and the primary breadwinner for his family. He has a 1-year-old son and his wife is currently pregnant, the motion states. He has no prior criminal history, according to the motion.
At a hearing on Tuesday, Judge J. Logan Murphy set Freebourn’s bond at $90,000 and ordered him to wear a GPS monitor and not travel outside of Florida if he is released.
Times staff writer Lesley Cosme Torres contributed to this report.
