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After running the shotgun empty, Officer Alleyn retreated from his position at the right door of Unit 78-8 to a position at the rear left corner of the vehicle. (Refer again to ssss1.)As Officer Alleyn turned to the rear to begin this movement away from the door, several witnesses saw him with blood on his face, indicating he had already been wounded during the exchange of fire with Twining and Davis.24

After ditching the empty shotgun on the ground at the rear of the patrol car, Officer Alleyn drew his six-inch Smith & Wesson Model 19-2 .357 Magnum revolver from its crossdraw holster and began to fire at Davis, who had rounded the front of the Pontiac on the passenger’s side and had begun to advance to a position in front of and between the two CHP units with his sawed off-pump shotgun.25 As he moved, Davis possibly fired one round from the shotgun at Officer Pence, striking the side of the unit. (Refer again to ssss1.)26

Officer Alleyn fired three rounds of .357 Magnum ammunition at Davis (and possibly Twining, according to a witness), from the left rear of Unit 78-8, firing from the time that Davis was at the front of the Pontiac to when he advanced on the patrol cars. Witnesses indicated that he fired with a single hand, using the other (his left) to brace himself on the trunk. Unfortunately, none of his bullets hit the highly mobile target that some witnesses later described as “bobbing” and “restless.” (Refer again to ssss1.)27

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