Davis’s statements are inconsistent about flipping the bird as he passed Vilchez. Statements from Davis’s daughters suggest a history of Davis demonstrating aggressive behavior when he encounters a driver that is slower then him, when his children are present in the car.

 On Page 9 he did not gesture at all, but on Page 11 he did flip Vilchez the bird. Davis’s girls even remember their dad flipping the bird. Davis daughter Lakala stated that Louis Davis gets mad at drivers and will make the statements “They’re going to slow or something” or “Go ahead”. These statements show Louis Davis has demonstrated a history of impatient, bird-flipping, aggressive driving with his daughters in the car when someone is driving slower ahead of him. Louis Davis’s youngest daughter Lakyah Davis (7 years old) already knows when dad is flicking somebody the middle finger in traffic; she was 6 at the time of the incident.

 Louis Davis Deposition  taken on 4/13/2009

Pg. 11. Line 4-6. A. Okay. So I just looked at him, and I gave him the finger. Okay. And I proceeded to pass. There was a speed bump coming up, and I proceeded to pass him.

Line 7-8 Q. When you flipped him off, were you already past him—

Line 9 A. No.

Line 10 Q. —or were you still passing him?

Line. 11. A. No, I was passing him.

Line. 12. Q. Okay.

Lakyah Davis Deposition taken on 4/13/2009

Pg. 7. 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 18-20 Q. Okay. I want to talk about when your dad passed him and stuck his middle finger up at the guy. Did the guy stick his middle finger up or say anything back?

21. A. No.

Lakala Davis Deposition taken on 4/13/2009

Pg. 13. Line 13-14. Q. What about when your driving, do you ever hear him get mad at other drivers?

Line 15. A. No.

Line 16 Q. Never?

Line 17-19. A. He, like, say, like, they’re going to slow or something, or go ahead at the cars, like, supposed to go – when you supposed to go.

Line 20-21. Q. Okay. All right. And what about swearing, do you ever hear your dad swear?

Line 22. A. Yes.

Line 23 Q. Okay. Do you ever see your dad use – flip somebody off, flip them the bird?

Line 25. A. Yes.

Pg. 14 Line 1-2 Q. Okay. And how about when he’s driving, you ever see that?

Line 3. A. Yes.

Line 4-5. Q. Okay. And what about swearing at people while he’s driving?

Line 6. A. No.

Line 7-8. Q. You never hear him swear at anybody while he’s driving?

Line 9. A. No.

Line 10-11. Q. Do you remember whether or not your dad flipped the bird in this particular incident?

Line 12. A. Yes.

Line 13 Q. He did or didn’t?

Line 14. A. Yes, he did.