Former cop Timothy Davis is currently on trial for shooting and killing his 22-year-old son, Timothy Davis Jr. The defense is arguing that this was just a tragic accident. The prosecution isn’t buying it.
Davis Sr. is charged with second-degree murder and could face up to life in prison if he is convicted.
Even though prosecutors claim they have evidence that proves the 2011 shooting was not an accident (surveillance video of Davis Sr. retrieving a gun from his car and aiming it at his son), both Davis’ wife and his daughter side with his claim that this was just a heartbreaking mistake.
A phone call to 911 records Tarsha Davis saying, “I believe, I believe, I believe my son was shot. In front of my house.”
Davis Sr. sat in the courtroom reading his bible as jury selection began on Monday.
Prosecutors are expected to tell the jury that Davis Sr. killed his son in cold blood during an argument about the custody of Davis’ grandson. The defense's retort: the shooting was accidental and Davis Sr. was defending himself from his son’s physical attack.
“In this case, Mr. Davis will have to convince the jury that he acted in self-defense,” criminal defense attorney Mark O’Mara told ABC News. “If he convinces the jury of that, that would get himself self-defense, which would get him acquitted.”
Jurors will most likely get to see the surveillance tape, captured on the family's home surveillance system, that both prosecutors and investigators say doesn’t show a Davis Sr. struggling against his son, but instead actively searching for a weapon.
“In this case, the video suggests that Mr. Davis Sr. actually pursued or continued the altercation,” O’Mara continued.
Davis Jr. was shot twice in the torso. Davis Sr. has pleaded not guilty.