Davis’s intentionally braked causing Vilchez to rear end him. Davis was clearly the aggressor towards Vilchez as witnessed by John Garrido.
Witness John Garrido first hears Davis lock up his tires, and then is an eye witnesses to Vilchez being forced to hit the rear of the car. There were no speed bumps or any other defensive driving reason Davis would have locked up his tires in front of Vilchez. The severity of the impact is questionable; there is no reported or documented damage to either vehicle from this initial collision from Davis or Vilchez.
John Garrido Deposition taken 10/6/2008
Pg. 7. Line 15-17. Q. Earlier you said that the white car, when you told the wrong – when you said the van stopped short, was it the car that stopped short?
Line 18-19. A. The white car was fighting with the van. And the white car stopped and then the van hit it.
Line 20-21. Q. Tell me how the white car stopped. Did it stop suddenly?
Line 22-23. A. Right away. They were fighting from somewhere. I don’t know where. They just passed by my house.
Line 24. Q. Did you see any of the fighting before the crash?
Line 25. A. No, no. I see the guy --
Pg. 8 Line 1-4. Q. What I want to do is, I want to talk about what you saw. So I’m talking about – I guess the first thing that you saw, would it be fair to say, would that have been the accident?
Line 5-8. A. No, no. I hear the car when it stopped – I mean, the squeaking – I mean, the tires and then boom, the van hit in the back. And then the guy tried to step out.
Line 9-10. Q. Okay. When you heard the car squeak, you’re talking about which car?
Line 11. A. The white
one.
Line 12. Q. Okay. And did you see the white car squeak?
Line 13-16. A. No, no. I hear it. I didn’t see it. I hear it. And then I showed up at the window. When I showed up, I saw the van when they hit. And the car – and the guy tried to step out the car.
Line 17-18. Q. Still on the driving here, okay. So the white car stopped short –
Line 19. A. Yeah.
Line 20. Q. – and then the van hits the white car?
Line 21. A. Uh-huh.