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44. The sequence of events during this part of the shooting is not entirely clear. In the CHP narrative of the shooting, Officer Holmes fires at Davis as Davis is getting into the driver’s side of the vehicle, and then fires again at the Pontiac as it speeds off through the gas pump islands.

However, in his report that was filed that morning, Officer Holmes wrote that, as they arrived on the scene, he observed a suspect at the rear of Unit 78-12 by Officer Pence. This suspect ran to the left rear of the Pontiac, turned, and fired once at Officers Holmes and Robinson as Officer Holmes was getting out of the door. The suspect fired with his right hand across the rear trunk deck, and then entered the vehicle on the driver’s side. Officer Holmes fired at this suspect with one shot.

This suspect would have been Twining, not Davis. Twining had just executed Officer Pence and was standing near him. Additionally, Twining is the suspect that fired at Officers Holmes and Robinson as they arrived, according to the CHP narrative and witness statements.

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