Shawn Kemp has been charged with first-degree assault for firing a gun in a mall parking lot. Washington State police state Kemp sent a text confirming his want to confront and shoot the person who stole his phone.

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Kemp maintains the shooting was in self-defense after tracking where the phone was. His defense attorney, Tim Leary, wrote a statement to ESPN.

“He is confident that once the jury hears from the witnesses and sees the evidence at trial, they will conclude that he was justified in defending himself that afternoon.”

Kemp originally stated after he was shot at, he returned to his vehicle to get his gun. The video shows he approached the vehicle with it. His arraignment is now set for May 4.