Davis is attempting to make Vilchez the initial aggressor by implying he came over intentionally as an act of aggression as Davis passed.

ONLY Davis remembers Vilchez “coming over” and the conversation with both his daughters about it. If a full size van was coming over on a small Honda Accord, the girls should have remembered that.

Plausible explanation; (This is not a statement of facts or events by Vilchez) Davis is traveling north on Egan Drive approaching the Vilchez residence which is on the left side of a long left curve in the road. Vilchez backs out of his drive way on to Egan Drive heading north also. Davis starts to pass Vilchez as Vilchez just starts to accelerate form changing from reverse to drive. The Vilchez vehicle drifts slightly left as the steering wheel straighten outs and he starts to drive forward. Because Vilchez appeared to start coming over into Davis’s lane, Davis takes this as an act of aggression and gives Vilchez the bird.

Davis did not allow Vilchez to entire the road and join the flow of traffic. Davis did not yield the right of way to a vehicle entering the roadway. Instead, Davis initiated a pass on a 25MPH residential street with elementary grade school children going to school on it.

Louis Davis Deposition taken on 4/13/2009

Pg. 10. Line 16-18. A. As I was passing him, my daughter said, What’s that guy doing? Because he was coming over on me.

Line 19. Q. Which daughter?

Line 20. A. Lakala. She was in the front seat.

Line 21. Q. Okay.

Line 22-24. And then they both looked and said, What’s that guy doing? I said, Well, he doesn’t want me to pass him. Okay. So--

Line 25. Q. Is this while you were on the side of him or

Pg. 11. Line 1. Q. behind him?

Line 2 A. Yes. I was on the side of him, yes.

Lakala Davis Deposition taken on 4/13/2009

Pg. 11. Line 4-6. Q. All right. And when your dad passed the car, did he go into the lane that’s on the wrong side of the road for him to be driving on?

Line 7. A. Yes.

Line. 8-9. Q. Okay. And did your dad say anything at that point --

Line 10. A. No.

Line 11. Q. -- to you.

Line 12. A. No.

Line 13-14. Q. Okay. Did you see your dad – you know, did he comment about how slow that car was going?

Line 15. A. No.

Line 16. Q. No, or I don’t remember?

Line 17. A. I don’t remember.

Lakyah Davis Deposition taken on 4/13/2009

Pg.7 Line. 19-20. Q. So you saw the car going slow, and you said dad started to pass it?

Line 21. A. Yes.

Line 22-23. Q. Did your dad say anything or do anything when he passed the car?

Line 24-25 A. When my dad got in front of him he flicked his middle finger at him.

Pg. 8. Line 1-2 Q. Your dad flicked his middle finger up at the other guy?

Line 3. A. (Witness nods head.)

Line 4-5 Q. Okay. And did he say anything to him as he was passing him?

Line 6 A. (Witness shakes head.)