A deputy responded at about 11:03 p.m. Saturday, Oct. 31, to an area near South County Road 1130 in Midland County for a reported disturbance involving weapons. The deputy said he was told the possible shooter wore a hat, a white shirt and jeans. Several people at a party ran when they saw the deputy's marked patrol unit, and the deputy said he did not find the person described during his search.

The deputy met with Department of Public Safety troopers at South County Road 1129. According to the affidavit, a man matching the description came from between homes, saw the deputy and ran south. The deputy and troopers followed him, and the affidavit identifies the man as Gunner Foster.

The deputy said a black 9 mm Glock 43 was lying next to Foster and appeared to have no magazine. The affidavit says Foster had a strong odor of an alcoholic beverage on his breath, and a check through dispatch showed he had a warrant. According to the affidavit, Foster was charged with evading arrest or detention, unlawfully carrying a handgun and deadly conduct. The deadly conduct charge was based on reports that a person matching his description fired a gun recklessly and on the presence of several juveniles. A separate complaint states Foster pointed a firearm at and in the direction of juveniles. Foster was booked into the Midland County Jail.