Witness Garrido states Davis did stop, exit his car and move towards Vilchez . His actions towards Vilchez would imply Vilchez was the victim of a battery. In fear for his own personal safety, Vilchez was justified in fleeing the scene. Davis’s statement is not consistent with his daughter’s and the witness John Garrido’s statement.

 Davis did stop and exit his vehicle. After exiting his vehicle, he attempted to approach Vilchez’s vehicle. Vilchez after being forced into a collision was approached by an angry appearing Davis according to witness: John Garrido. Lakyah Davis statement is that Vilchez did back up from Louis Davis, who would have to be stopped blocking the way if Vilchez had to back up.

John Garrido Deposition taken 10/6/2008

Pg. 9 Line. 23-24. Q. Okay. What happened once the van hit the white car?

Line 25. A. The guy opened the door.

Pg. 10. Line 1. Q. Who opened the door?

Line 2-3. A. The guy from the white car. I don’t know the name. He looks like Spanish.

Line 4. Q. Was he black or white?

Line 5-7. A. No, no. Spanish. Looks like Dominican, Puerto Rican, something. I don’t know. So I saw the guy when the guy opened the door.

Line 8-9. Q. When he got out of the door, was the door that he got out the driver’s door?

Line 10. A. Yes.

Line 11-13. Q. Was the driver’s door of his car on the same side of the street as your house, or was it on the other side of the street?

Line 14. A. On the other side.

Line 15. Q. What did he do when he got out of the car?

Line 16-17. A. He tried to complain to the other guy and the guy--

Line 18-19. Q. When he was complaining, did you hear what he was saying?

Line 20. A. No, no.

Line 21. Q. Was he speaking or was he yelling?

Line 22-25. A. No, he was yelling. But I just saw, I mean, the mouth. You know, you move the mouth. And the guy from the back – from the van, they just back up and ran away. And then the guy jumped in the car.

Pg. 11. Line 1-2 Did the guy in the van get out his car before he got away?

Line 3. A. No, no.

Pg. 12. Line 6-7. Did the man who got out of the car walk toward the van at all?

Line 8. A. He tried. And the van backed up and ran away.

Line 9-10. Q. Okay. Did the man who got out of the car appear to be angry?

Line 11. A. Yes, he was looking angry.

Line 12. Q. Okay.

Pg. 15. Line 15-16. Q. When the guy got out of the car, how close to the van did he get?

Line 17. A. How close to the van when he stepped out?

Line 18. Q. When he stepped out.

Line 19-21. A. No, nothing, just shortly. From his driver’s side to the middle, the back – I mean, the passenger’s side on the left side.

Line 22. Q. Did the van leave quickly –

Line 23-24. A. Yes. He backed up quick and go, that’s it, and not even say anything.

Lakyah Davis Deposition taken on 4/13/2009

Pg. 9 Line 13. Q. And did the cars stop after they bumped?

Line 14. A. He --.

Line 15-17. Q. Make sure when you tell me, you’ve got to tell me, are we talking about your dad or the man in the van?

Line 18-19. A. The man in the van, he started – he backed up from my dad.

Line 20. Q. He backed up, away from your dad car?

Line 21. A. (Witness nods head)

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