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Adding to the confusion, Officer Holmes described the suspect as wearing a yellow shirt, but it was Davis who had a yellow windbreaker on during the shooting, not Twining. Twining was wearing a green sweatshirt. Perhaps it took on a yellow tint under the neon lighting from the gas station, or perhaps Officer Holmes was just confusing the details of the fast-breaking situation.

So, while it is unclear whether Officer Holmes fired at Davis or Twining, it is presumed that his memory of firing at Twining (the suspect who was near Pence when they arrived, and who shot at them), was correct.

Other witness testimony about this phase of the fight is also unclear, particularly when it comes to how Twining entered the Pontiac. Some witnesses reported that Twining entered the vehicle on the driver’s side after Davis and pushed Davis out of the way. Others reported first seeing Twining entering on the driver’s side, then witnessed considerable movement and hearing shouting within the vehicle before it drove away. Still others reported that Twining entered the vehicle on the passenger side, perhaps confusing the timeline for when he entered the vehicle this way earlier in the fight to obtain the 1911 handgun on Unit 78-12’s arrival.

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