(CBS 42 [HERE])  AUSTIN The wife of a man shot by an Austin police officer responding to a domestic violence call says her husband is a victim, not a criminal.

Just after midnight on March 21, an ex-boyfriend of Rosemary Lozano called 911 claiming the woman was in danger. He called police again a few minutes later and said her husband, David Lozano, had guns and was possibly high on marijuana.

When the police officer responded to the home in North Austin, he parked his patrol car about two houses away. Without waiting for backup to arrive, he knocked once on the front door. He never identified himself as an officer.

According to the arrest warrant, the officer said he heard the distinct sound of a slide being sent forward on a gun. The officer stated he drew his weapon and moved off the porch and took cover behind the porch pillar. He said in the warrant the front door opened and the Lozano fired a shot at him. The officer said he returned fire, firing one shot.

Private investigator Les Johnson, who is investigating the case for Lozano’s attorney, says the evidence tells a different story. He says bullet holes by the door shows the officer fired at least two shots.

Johnson says the pillar the officer claims to have taken cover behind is nothing more than a four-inch wooden post. He says there was total darkness.