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Officer Gore ordered Davis to spread his legs, place his hands on top of the Pontiac, and lean on the car. When Davis assumed the directed search position, Officer Gore advanced the short distance between them (about 10 to 15 feet) to search the suspect. (ssss1) Witnesses reported that Officer Gore holstered his revolver to conduct the search. The time was just prior to 23:55.

Meanwhile, Officer Frago abandoned his covering position at the front of the Polara and approached the passenger side of the Gran Prix with the shotgun in a “port arms” position. Nearing the vehicle, he reportedly shifted the butt of the shotgun to his right hip and held the firearm with the muzzle in the air with his right hand only, as he reached for the door handle of the Pontiac with his left hand to remove the noncompliant passenger, Twining (Refer again to ssss1)10

As Officer Frago reached for the door handle, Twining suddenly opened the door and spun to face Officer Frago with a four-inch Smith & Wesson Model 28 .357 Magnum revolver in his hand.11 Officer Frago was reported to have yelled “Hold it!” before Twining fired twice with the revolver, striking him in the left armpit area with both shots. The bullets from the Western-brand .357 Magnum cartridges traversed Officer Frago’s upper chest, killing him instantly, and he fell where he stood. (ssss1)12

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