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Davis and Twining were already proceeding with their plan.

CHAPTER 3

The Approach and Initial Shots Fired

When Davis brought the Pontiac to a stop, he did so in an area bathed with light from the gas station ahead and the restaurant parking lot to the right. With the additional light provided by the headlights of the CHP cruiser and the passenger side-mounted white spotlight, Officers Gore and Frago could clearly see that the vehicle contained two occupants, not the single occupant reported by the complainant, Tidwell. Davis was behind the wheel, and Twining was in the right front passenger seat of the Pontiac. They remained inside the vehicle. (ssss1)

The CHP Dodge was located at the five o’clock position from the Pontiac, approximately 15 to 20 feet behind—a little more than one car length away. The Dodge was angled away from the Pontiac towards the left, in a way that exposed the right side of the patrol car to anyone who exited the passenger side of the Pontiac. (Refer again to ssss1.)

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