Garrido states that no firearm was discharged by Vilchez in front of witness Garrido residence, where Davis caused the initial collision. Louis Davis statement is not consistent with his daughter’s statements and they are not consistent with each other or the statement of witness Garrido.
If the witness Garrido can hear the sound of tires screeching on the pavement while inside his residence, he would have obviously heard Vilchez discharge a .357magnum in front of his house. Witness Garrido did not hear any gunshots.
Louis Davis and his daughters never saw a gun or saw Vilchez shoot at them, only heard a noise that they believed were gunshots. Louis Davis states that he heard one gunshot while Vilchez was passing him, not behind him. Lakala Davis states that she heard 2 to 3 gunshots. One when Vilchez was behind them, and then 2 more shots while being passed by Vilchez. Lakyah Davis states that she heard 3 shots while Vilchez was behind them and that Vilchez never passed there car. How did Vilchez fire 3 rounds according to the children, when his gun only had 2 rounds discharged?
Lakala Davis Deposition taken on 4/13/2009
Pg. 16. Line 14-16. Okay. Did you notice anything – did the guy in the van do anything as he drove by your dad at that point?
Line 17. A. No.
Line 18. Q. Okay.
Line 19. A He just drove around us.
Line 20. Q. He just drove around you?
Line 21. A. Yes.
Line 22. Q. Did he fire a gun at that point?
Line 23. A. Yes, I think.
Line 24-25. Q. You think, or you know? Did somebody tell you he fired a gun?
Pg. 17. Line 1. A. No – yes, he did.
Line 2 Q. How do you know he did?
Line 3-4. A. Because he was behind us. He shot one, and he got in front of us. He shot some more times.
Line 5-6. Q. Okay. So did he shoot before he went around your dad’s car?
Line 7. Q. A. Yes.
Line 8. Q. Okay. How do you know that?
Line 9. A. Because I heard the sound.
Line 10. Q. Okay. Did you see him shoot?
Line 11. A. No.
Line 12. Q. Okay. And did you see him at all?
Line 13. A. No.
Line 14. Q. Okay. So you heard a sound?
Line 15. A. Yes.
Line 16. Q. And you think it was a gun?
Line 17. A. Yes.
Line 18. Q. Okay. And then you said he shot some more?
Line 19. A. Yes.
Line 20- 22. Q. How many shots – how many sounds did you hear that you believe were shots at that time, right after he bumped your dad’s car?
Line 23. A. I think about two or three.
Line 24-25. Q. Okay. And was that all as he’s behind and just passing your dad right after the car was bumped?
Pg.18. Line 1. A. Yes.
Lakyah Davis Deposition taken on 4/13/2009
Pg. 8 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)
Line 22-23. Q. Okay. And then what did he do after he backed up?
Line 24. A. He shot at us.
Line 25. Q. Okay. Did you see him shoot at you, or did you
Pg.10. Line 1. hear a noise
Line 2. A I heard a noise.
Line 3-4 Q. Okay. And where was the van when you heard the noise?
Line 5-6. A On the side of my – the side of where my dad was.
Line 7-8. Q. Okay. So was he basically right next to your car –
Line 9. A. No.
Line 10. Q. – when you heard the noise?
Line 11-12. A. From – we were in front of him, but he shot at us first.
Line 13. Q. Okay.
Line 14 17. MR. SIMMS: Why don’t you just make that tissue box your car, okay, just like that’s your car (indicating). And make that balled piece of paper his car (indicating) and kind of show --
Line 18. THE WITNESS: This one (indicating)?
Line 19-21. MR. SIMS: No, no. This will be car (indicating), the pretty one. That junky one will be the other car. So show us what happened.
Line 22-24. THE WITNESS: Well, like, okay. We were right here behind him (indicating), and he was going very slow; and we were up (indicating).
Line 25 So my dad went right here, and then scooted
Pg. 11. Line 1-3. up more, and then went in front of him (indicating). And he stuck his middle finger up at him; he stuck his middle finger up at him.
Line 4. MR. SIMS. Okay.
Line 5-6. THE WITNESS: and then he bumped into us, and he scooted back (indicating), and he shot at us.
Line 7. BY MR. BIGNEY:
Line 8-9. Okay. So when you heard the noise, the van was still behind your car?
Line 10. A. Yes.
Line 11-12. Q. Now you say he shot at you, did you see him actually shoot at you, or you just heard the noise?
Line 13. A I heard the noise.
Line 14-15. Q. Okay. All right. So after you heard the noise, did the van go around your dad’s car?
Line 16. A. No.
Line 17. Q. He stayed behind your dad’s car the whole time?
Line 18. A. Yes.
Line 19-20. Q. Was your dad ever behind the car – behind the van after he passed him the first time?
Line 21. A. No.
Line 22-23. Q. Okay. Did your dad’s car stop after the cars hit?
Line 24. A. No.
Line 25. Q. Okay. Did either car stop after they hit –
Pg. 12 Line 1. after the van hit your dad’s car?
Line 2. A. No.
Line 3. Q. Okay. What did your dad do?
Line 4. A . He shot back.
Line 5. Q. Okay. How many times did your dad shoot back?
Line 6-7. A. Two times, but he shot – but the man shot at us three times.
Line 8-9. Q. From – when he was still behind you, he shot three times?
Line 10. A. Yes.
John Garrido Deposition taken 10/6/2008
Pg. 15. 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 nothing.
Line 25. Q. When the van left, did it rush away or drive away
Pg. 16. Line 1. slowly?
Line 2 A. No, rush away.
Line 3-4. Q. You said you noticed other people in the white car?
Line 5. A. Excuse me?
Line 6-7 Q. You said – I thought you said earlier that there were other people in the white car?
Line 8. A. No. I mean, kids.
Line 9. Q. How many kids?
Line 10-12. A. Two kids. It looks like two kids was in it. One on the driver – I mean, right front and on the back.
Line 13-14. Q. Did you hear after that any gun shots or anything?
Line 15. No.
Line 16. Q. Okay.
Line 17-21. A. Not even hear a gun shot. I just realize when the helicopter was around the house, I said, something happened. I realized it was inside the school; where my baby was, Chickasaw Elementary.