1 00:00:10,042 --> 00:00:12,208 (PHONE RINGING) 2 00:00:14,708 --> 00:00:16,292 (WOMAN SPEAKING) 3 00:00:18,917 --> 00:00:20,708 (DISPATCHER SPEAKING) 4 00:00:20,833 --> 00:00:22,875 (WOMAN SPEAKING) 5 00:00:22,958 --> 00:00:24,000 (DISPATCHER SPEAKING) 6 00:00:24,083 --> 00:00:25,667 (WOMAN SPEAKING) 7 00:00:32,417 --> 00:00:34,500 I'm in my garage. I looked up. 8 00:00:34,583 --> 00:00:37,042 She was right there with the bat. 9 00:00:37,125 --> 00:00:39,542 She swung at my front windshield like six, seven times. 10 00:00:41,542 --> 00:00:44,000 I panicked. I shot once. 11 00:00:47,833 --> 00:00:51,167 He bought a gun to a bat fight, she didn't have a gun. 12 00:00:51,208 --> 00:00:52,458 It was a baseball bat. 13 00:00:55,167 --> 00:00:57,667 DAVONNIE: I'd never seen her like that before. 14 00:00:57,708 --> 00:00:59,833 RUSSELL JONES: This is a serious charge. It's a homicide. 15 00:00:59,917 --> 00:01:01,833 And would be scary for anybody. 16 00:01:01,917 --> 00:01:03,875 This is also someone he loved that died. 17 00:01:04,000 --> 00:01:07,167 DAVONNIE: None of this stuff ever was supposed to happen at all. 18 00:01:07,250 --> 00:01:10,000 Feel like, a dark cloud just walking above me. 19 00:01:10,125 --> 00:01:12,542 All day, every day since this stuff happened. 20 00:01:33,375 --> 00:01:36,542 My name's Russell Jones. I'm a criminal defense attorney here in Milwaukee 21 00:01:39,042 --> 00:01:41,417 I represent Davonnie Dyson in this case. 22 00:01:41,500 --> 00:01:44,792 He's accused of killing his ex- girlfriend after a domestic dispute. 23 00:01:46,542 --> 00:01:48,458 The state has charged him with second degree reckless homicide, 24 00:01:48,542 --> 00:01:51,125 which carries a 25 year maximum sentence. 25 00:01:53,125 --> 00:01:57,792 The bullet points essentially in this case are back in June of 2020 26 00:01:57,875 --> 00:02:02,000 they were living together and dating off and on for a couple of years. 27 00:02:02,042 --> 00:02:05,875 Had an argument the night before, he'd actually kicked her out of the apartment. 28 00:02:05,958 --> 00:02:08,833 When she moved out, he thought she took some of his stuff, 29 00:02:08,917 --> 00:02:11,667 I think some bottles of liquor and some other things 30 00:02:11,708 --> 00:02:13,542 and they got into a texting argument. 31 00:02:13,625 --> 00:02:17,542 She came back to prove to him she didn't have his stuff. 32 00:02:17,667 --> 00:02:20,667 Once Davonnie got to Alona's car, he started looking through the car. 33 00:02:20,750 --> 00:02:23,542 He went through the trunk, he went through everything. 34 00:02:23,625 --> 00:02:25,625 And that's when Alona got mad and it heated up. 35 00:02:26,875 --> 00:02:28,792 She started hitting him, ripped his shirt, 36 00:02:30,292 --> 00:02:33,500 and they get into a confrontation outside. 37 00:02:33,583 --> 00:02:37,167 And over here around the corner is where Alona parked. 38 00:02:37,250 --> 00:02:42,958 That's where the fight started, so that's where the initial contact happened. 39 00:02:43,042 --> 00:02:48,042 After that exchange, he leaves and walks all the way back past these few houses 40 00:02:48,167 --> 00:02:50,917 from the corner back to his apartment building. 41 00:02:51,042 --> 00:02:56,167 And what you see here is this U-shaped building. That's the apartment complex. 42 00:02:56,250 --> 00:02:58,750 And Alona follows him. So she's following him for the distance 43 00:02:58,875 --> 00:03:02,083 of one, two, three houses, so half a city block, 44 00:03:02,208 --> 00:03:04,458 then into this apartment complex. 45 00:03:04,542 --> 00:03:07,250 This front door right by the pink tab is what was smashed. 46 00:03:09,500 --> 00:03:11,750 She breaks into his apartment with a baseball bat. 47 00:03:13,083 --> 00:03:14,667 Davonnie goes down to the parking garage. 48 00:03:16,083 --> 00:03:18,625 He tried to escape in his car. 49 00:03:18,708 --> 00:03:20,542 She then follows him down to the parking garage. 50 00:03:21,958 --> 00:03:24,208 She was beating the car up with a baseball bat, 51 00:03:24,292 --> 00:03:26,333 damaging it everywhere 52 00:03:26,375 --> 00:03:29,917 and he warns her that he has a gun, he warns her to leave him alone. 53 00:03:30,000 --> 00:03:33,917 She doesn't. He fires one shot, hits her, and then, 54 00:03:34,000 --> 00:03:36,333 Alona eventually goes down this alleyway and collapses 55 00:03:36,375 --> 00:03:37,792 somewhere in front of this house. 56 00:03:40,458 --> 00:03:43,417 Tragically, this ends in her death. 57 00:03:43,500 --> 00:03:45,667 So, we're arguing that his actions were reasonable 58 00:03:45,708 --> 00:03:47,875 given the attack that he was facing. 59 00:03:47,958 --> 00:03:51,583 From the state's perspective, he acted unreasonably 60 00:03:51,667 --> 00:03:54,542 and ultimately, that's going to be the jury's question to answer. 61 00:03:55,667 --> 00:03:58,500 What's at stake for my client, Vonnie? 62 00:03:58,542 --> 00:04:03,000 He was a corrections officer, he had his life on track, he had a good job, you know? 63 00:04:03,042 --> 00:04:07,333 And things were progressing for him quite well and now all of that's derailed. 64 00:04:23,458 --> 00:04:25,292 DAVONNIE: One situation can change your life 65 00:04:25,375 --> 00:04:27,833 in a minute, less than a second. 66 00:04:35,792 --> 00:04:39,625 I was a correctional officer for the state of Wisconsin, 67 00:04:39,708 --> 00:04:43,667 and I was doing that for like almost close to two years. 68 00:04:43,667 --> 00:04:47,250 Being a correctional officer is basically a career job. 69 00:04:47,333 --> 00:04:50,208 Like it's something you can retire from. 70 00:04:50,292 --> 00:04:52,708 It was lovely while it was going. 71 00:04:52,792 --> 00:04:55,208 My goal is to go back to being a correctional officer 72 00:04:55,292 --> 00:04:56,625 if everything goes right. 73 00:05:05,875 --> 00:05:07,542 (WATER SPLASHING) 74 00:05:10,292 --> 00:05:14,208 This case has turned our world upside down for the last two years. 75 00:05:14,292 --> 00:05:16,625 We don't know what's going on. We don't know what's gonna happen. 76 00:05:16,708 --> 00:05:18,875 Right now, we all are in turmoil. 77 00:05:20,958 --> 00:05:24,667 I know he's my cousin, but he's more of a younger brother, 78 00:05:24,750 --> 00:05:29,375 uh, he's my go-to. He's the calm one out of us, which is crazy 79 00:05:29,458 --> 00:05:33,333 (LAUGHS) but he's just like a big, lovable teddy bear. 80 00:05:33,375 --> 00:05:37,417 I was with Alona for two years on and off. 81 00:05:38,417 --> 00:05:40,208 Our relationship was... 82 00:05:40,208 --> 00:05:44,583 Like we was good friends when we was not even together Iike, 83 00:05:44,708 --> 00:05:50,667 I would call in check up on her, she would call and check up on me. 84 00:05:50,792 --> 00:05:54,208 Yeah, recently we had got back together that April. 85 00:05:54,292 --> 00:05:56,708 Alona moved in with me. 86 00:05:56,792 --> 00:06:01,458 It was good at first and then a couple of days got rocky. 87 00:06:03,083 --> 00:06:06,333 THERESA YOUNG: He loved her. He would do anything for her. 88 00:06:07,375 --> 00:06:10,542 It was just an unforeseen accident. 89 00:06:12,583 --> 00:06:16,667 DAVONNIE: My life went from being great to horrible 90 00:06:16,708 --> 00:06:18,917 with a dark cloud just chasing behind me. 91 00:06:20,167 --> 00:06:21,333 The stress is real. 92 00:06:36,917 --> 00:06:40,333 RUSSELL: I've asked Davonnie to come in today and I want his perspective. 93 00:06:40,458 --> 00:06:42,500 The broad strokes of what happened that day. 94 00:06:43,292 --> 00:06:45,208 But I think it's also critical 95 00:06:45,333 --> 00:06:46,583 that he understands what he's facing 96 00:06:46,667 --> 00:06:49,542 and really the gravity of the situation. 97 00:06:49,667 --> 00:06:51,375 RUSSELL: Good to see you, man. DAVONNIE: Nice to see you too. 98 00:06:52,708 --> 00:06:56,583 All right, so we're here to talk about a few things. 99 00:06:56,708 --> 00:06:58,708 Number one, we need to talk about, you know, the charges 100 00:06:58,792 --> 00:07:00,792 -to make sure you understand them. -DAVONNIE: Okay. 101 00:07:00,875 --> 00:07:03,125 It's second-degree reckless homicide. 102 00:07:03,208 --> 00:07:06,250 Okay, what that means is that they have to prove a few things. 103 00:07:06,375 --> 00:07:07,833 Number one, that you caused the death, 104 00:07:07,917 --> 00:07:10,958 and two, that you did that through reckless behavior. 105 00:07:11,042 --> 00:07:13,583 So that's a 25 year maximum. Does that make sense? 106 00:07:13,667 --> 00:07:15,583 -It makes sense. -RUSSELL: Okay. 107 00:07:15,708 --> 00:07:18,042 We're saying self-defense. 108 00:07:18,042 --> 00:07:20,000 So, we're saying you're not guilty and that's why we're going to trial. 109 00:07:20,083 --> 00:07:22,500 Okay. 110 00:07:22,583 --> 00:07:26,333 So what I need from you though is the general overview 111 00:07:26,417 --> 00:07:31,083 of what happened that day and then we'll get into details as we develop into your case. 112 00:07:31,208 --> 00:07:32,875 -All right, it makes sense. -RUSSELL: Okay, okay. 113 00:07:35,542 --> 00:07:37,500 RUSSELL: So, you were living together 114 00:07:37,542 --> 00:07:38,875 -and you got in a fight that morning, I think or... -DAVONNIE: Yeah. 115 00:07:39,000 --> 00:07:39,958 RUSSELL: Tell me. DAVONNIE: The day before. 116 00:07:41,500 --> 00:07:43,000 It was just something was bothering her, 117 00:07:43,083 --> 00:07:46,042 and I just asked her like what was going on and everything. 118 00:07:46,125 --> 00:07:52,000 And she got attitude. So it was like, okay, whatever. 119 00:07:52,042 --> 00:07:54,708 -So she ended up leaving. -RUSSELL: Okay, then what happened? 120 00:07:54,833 --> 00:07:57,958 I walked into my room, noticed some belongings was missing. 121 00:07:58,042 --> 00:08:02,125 So I instantly texted her like, "Hey, you been in my house?" 122 00:08:02,208 --> 00:08:04,292 -RUSSELL: So she comes over with her car? -Yes. 123 00:08:04,375 --> 00:08:05,417 RUSSELL: Did she come alone? 124 00:08:05,500 --> 00:08:07,708 No, she came with two of her friends. 125 00:08:07,708 --> 00:08:10,667 She met me downstairs from my apartment. 126 00:08:10,708 --> 00:08:14,625 We walked around the corner to her car 'cause that's where she parked at. 127 00:08:14,708 --> 00:08:17,875 RUSSELL: My big issue is why were you carrying the gun when you first met Alona? 128 00:08:17,958 --> 00:08:19,542 DAVONNIE: I already had the gun on me. 129 00:08:19,625 --> 00:08:22,250 I keep it with me majority of the time. 130 00:08:22,375 --> 00:08:24,417 -RUSSELL: You use a gun for your job right? -Yes. 131 00:08:24,417 --> 00:08:27,542 You're a correctional officer at the prisons, 132 00:08:27,625 --> 00:08:29,250 you're licensed to have a gun, all that stuff. 133 00:08:29,333 --> 00:08:31,167 -Yes -RUSSELL: Okay. 134 00:08:31,292 --> 00:08:35,375 DAVONNIE We got into an argument. I disengaged myself from the argument 135 00:08:35,458 --> 00:08:37,000 RUSSELL: And you were gonna go back into your apartment? 136 00:08:37,000 --> 00:08:39,667 DAVONNIE: Yes, I was about to actually leave. 137 00:08:39,750 --> 00:08:42,333 Okay, so you're going through the front door. You're gonna go up to your place? 138 00:08:42,375 --> 00:08:44,833 DAVONNIE: No, I was going downstairs to the garage. RUSSELL: Oh. 139 00:08:44,875 --> 00:08:47,500 DAVONNIE: About to leave RUSSELL: Gotcha. Okay. 140 00:08:47,583 --> 00:08:49,458 DAVONNIE: And by the time I reached the garage, 141 00:08:49,542 --> 00:08:50,875 I heard glass being shattered. 142 00:08:52,542 --> 00:08:53,750 RUSSELL: From the front door? DAVONNIE: Yes. 143 00:08:53,833 --> 00:08:55,958 Gotcha and that was Alona smashing? 144 00:08:56,042 --> 00:08:59,167 Using the bat to get in because she didn't have no entry. 145 00:08:59,292 --> 00:09:01,167 I'm in my garage. 146 00:09:01,250 --> 00:09:02,875 I got in my car and everything. 147 00:09:02,958 --> 00:09:04,500 Next thing you know, I looked up 148 00:09:04,583 --> 00:09:05,833 when I was putting my car in reverse, 149 00:09:05,917 --> 00:09:07,917 she was downstairs with the bat swinging it. 150 00:09:09,958 --> 00:09:11,625 I'd never seen her like that before. 151 00:09:12,792 --> 00:09:14,083 She broke my front windshield, 152 00:09:14,208 --> 00:09:16,792 she swung at my front windshield like six, seven times. 153 00:09:18,292 --> 00:09:20,458 I pressed on the gas to reverse out 154 00:09:20,542 --> 00:09:23,542 and I forgot my driver's side door was open 155 00:09:23,625 --> 00:09:27,708 and my door had got smashed in between the pole, 156 00:09:28,375 --> 00:09:30,292 so it got stuck. 157 00:09:30,375 --> 00:09:33,167 I was trapped, okay? My car was not moving backwards at all 158 00:09:33,250 --> 00:09:35,750 while she was still going for it with the bat. 159 00:09:42,458 --> 00:09:44,667 -RUSSELL: The fear came from the fact that you didn't know... -Never. 160 00:09:44,708 --> 00:09:47,625 -Yeah, I'd never seen this side of her at all -RUSSELL: Like, this is like, 161 00:09:47,708 --> 00:09:50,750 -Jekyll and Hyde, right? Kind of like. Okay. -Yeah. 162 00:09:50,875 --> 00:09:56,667 I panicked, I shot once and I was like, "What's going on?" 'Cause she hurried up and ran, 163 00:09:56,750 --> 00:09:58,667 so I didn't even know if it hit her or not. 164 00:10:00,292 --> 00:10:02,458 So the prosecution, they're saying that basically 165 00:10:02,542 --> 00:10:06,500 you didn't need to fire a shot, that what you did was unreasonable. 166 00:10:06,625 --> 00:10:12,167 But your defense is that in that situation, in that moment, okay, 167 00:10:12,250 --> 00:10:14,542 it was reasonable for you to fire that shot. 168 00:10:14,667 --> 00:10:16,917 You have somebody that you cared about, 169 00:10:17,042 --> 00:10:18,667 somebody that was acting out of character. 170 00:10:18,750 --> 00:10:20,625 You had to fire that shot. 171 00:10:20,708 --> 00:10:23,667 The entire case is going to turn on whether or not what you did is reasonable 172 00:10:23,708 --> 00:10:25,958 -and that's what I'm gonna do. -Okay. 173 00:10:26,042 --> 00:10:28,417 I'm just hoping we get this win, 174 00:10:28,417 --> 00:10:31,875 so I can get back to having a normal life, and we've got another journey ahead of us. 175 00:10:39,042 --> 00:10:41,917 Second degree reckless homicide. That's a lot. 176 00:10:43,208 --> 00:10:45,167 Still care about her, still love her. 177 00:10:45,208 --> 00:10:47,958 There ain't no hate. It was never that. 178 00:10:48,042 --> 00:10:50,833 None of this was supposed to happen at all. 179 00:10:50,958 --> 00:10:53,875 Feel like a dark cloud just walking above me. 180 00:10:53,958 --> 00:10:56,167 All day, every day since this stuff happened. 181 00:10:57,708 --> 00:10:59,667 RUSSELL: Every aspect of his life, his personal, 182 00:10:59,750 --> 00:11:01,542 his social, his emotional, his physical 183 00:11:01,625 --> 00:11:03,292 are all being taxed. 184 00:11:03,375 --> 00:11:06,792 And I think part of my job is to try and allay 185 00:11:06,875 --> 00:11:08,542 some of those concerns, try and minimize those 186 00:11:08,625 --> 00:11:11,750 but at the same point you know, I need to keep it realistic with him 187 00:11:11,875 --> 00:11:14,000 that this is something that might go south 188 00:11:14,042 --> 00:11:23,250 and if it does, he needs to be prepared for that. 189 00:11:23,250 --> 00:11:24,167 DAVONNIE: Come on. 190 00:11:26,292 --> 00:11:28,167 -DAVONNIE: And it go in. Yeah, the table leans. -(THERESA LAUGHS) 191 00:11:37,083 --> 00:11:39,125 DAVONNIE: Yeah, it's been a rocky road. 192 00:11:39,208 --> 00:11:41,875 Right now, I'm bouncing in between 193 00:11:42,000 --> 00:11:44,167 my sister's house and my aunt house. 194 00:11:44,250 --> 00:11:46,292 Basically where I can lay my head at. 195 00:11:56,208 --> 00:11:58,333 -I thought it must be a stripe right here? -THERESA: Mmm-mmm. 196 00:11:58,417 --> 00:12:00,583 -Oh, it don't. -Mmm-mmm. 197 00:12:00,667 --> 00:12:02,167 Unless you just wanna move this one over here? 198 00:12:02,250 --> 00:12:04,042 Oh. Oh. 199 00:12:04,125 --> 00:12:06,167 Then you have your every other one. 200 00:12:06,208 --> 00:12:08,042 -(THERESA LAUGHS) -Not every other one but all right. 201 00:12:09,042 --> 00:12:10,917 THERESA: Vonnie is very angry. 202 00:12:11,000 --> 00:12:14,667 Vonnie is nervous about what's going on. 203 00:12:14,750 --> 00:12:18,208 This has impacted the type of jobs he can work. 204 00:12:19,750 --> 00:12:21,333 How are you feeling right about now? 205 00:12:21,417 --> 00:12:24,667 I'm just ready for it to get over with, so I can figure out 206 00:12:24,750 --> 00:12:26,583 do I got a free life or not. 207 00:12:26,708 --> 00:12:28,250 I'm just ready to get this done with. 208 00:12:30,875 --> 00:12:32,542 THERESA: Both his parents are deceased. 209 00:12:32,625 --> 00:12:35,333 His father was killed, my sister died, 210 00:12:35,458 --> 00:12:37,292 so I took custody of him. 211 00:12:37,375 --> 00:12:38,708 So he's my child. 212 00:12:43,042 --> 00:12:44,000 Good shot. 213 00:12:45,500 --> 00:12:46,667 Uh-oh. 214 00:12:46,833 --> 00:12:50,375 What do you feel is going to be the outcome 215 00:12:51,833 --> 00:12:53,792 if everything clears your name? 216 00:12:53,875 --> 00:12:55,667 Try to get back into 217 00:12:55,708 --> 00:12:58,042 being a correctional officer, everything, 218 00:12:58,167 --> 00:13:00,750 it'll be a process but hopefully I can. 219 00:13:02,375 --> 00:13:05,167 THERESA: He's sorry for what happened 220 00:13:05,292 --> 00:13:08,333 but right now, life is life and he's just trying to get through this 221 00:13:08,375 --> 00:13:10,292 and trying to get his life back on track. 222 00:13:12,792 --> 00:13:15,500 For you to go from a correctional officer 223 00:13:15,500 --> 00:13:18,667 to now maybe going behind bars. 224 00:13:18,708 --> 00:13:20,000 -DAVONNIE: Yeah. -How are you feeling? 225 00:13:20,083 --> 00:13:21,458 Me being a correctional officer, 226 00:13:21,583 --> 00:13:24,042 I would definitely have to go to PC, protective custody. 227 00:13:36,167 --> 00:13:38,542 Prison is bad enough in itself 228 00:13:38,625 --> 00:13:41,542 but then being in solitary confinement in itself, 229 00:13:43,250 --> 00:13:45,333 that's a scary thing for him at this point. 230 00:13:46,375 --> 00:13:48,250 I love my baby. 231 00:13:48,333 --> 00:13:50,792 This is something that should never have happened, 232 00:13:50,875 --> 00:13:54,792 and I'm praying for the best outcome for him. 233 00:13:54,875 --> 00:13:59,583 At this point all I can do is wait to see what happens at the trial. 234 00:14:13,250 --> 00:14:17,500 So today what I'm doing is, we're looking at the witness statements here 235 00:14:17,583 --> 00:14:20,500 and we're looking at whether or not there's consistencies and inconsistencies. 236 00:14:30,417 --> 00:14:33,708 What Davonnie says is that she punched him, she ripped his shirt, 237 00:14:33,792 --> 00:14:36,542 then he got aggressive. 238 00:14:36,542 --> 00:14:40,500 One of the women that came with Alona, one of her friends, 239 00:14:40,583 --> 00:14:44,000 she makes a statement to police saying that Alona 240 00:14:44,083 --> 00:14:46,208 punched Von three times and ripped his shirt 241 00:14:46,292 --> 00:14:50,208 because he was choking her and then used the gun. 242 00:14:50,292 --> 00:14:54,125 It says right here that Von, meaning Davonnie, pulled out a gun 243 00:14:54,208 --> 00:14:58,125 and was pointing the gun at both her and the victim. 244 00:14:58,208 --> 00:15:01,000 It then says that he, Von, hit the front passenger window 245 00:15:01,083 --> 00:15:04,333 with the gun actually breaking the window. 246 00:15:04,417 --> 00:15:08,000 Okay so, and even says that Von was grabbing the victim 247 00:15:08,083 --> 00:15:09,250 with one hand and choking her. 248 00:15:12,042 --> 00:15:13,708 These are gonna be critical pieces of information 249 00:15:13,792 --> 00:15:16,250 because if he's an aggressor out of this argument, 250 00:15:18,042 --> 00:15:21,750 that creates a different issue on whether or not he's being the aggressor, 251 00:15:21,833 --> 00:15:23,417 whether he gets self-defense or not. 252 00:15:34,542 --> 00:15:37,708 If the jury believes he's the aggressor, then the law says 253 00:15:37,833 --> 00:15:41,167 he has to actually disengage from the argument entirely. 254 00:15:41,208 --> 00:15:45,167 I need to be able to argue to the jury that there's a clear delineation 255 00:15:45,292 --> 00:15:50,000 where he stopped and broke off the entire fight outside. 256 00:15:50,125 --> 00:15:52,500 And then if in if Alona is the aggressor in the future 257 00:15:52,542 --> 00:15:54,917 the we're looking at a different incident 258 00:15:55,000 --> 00:15:59,125 So, I know it sounds kind of, you know, academic 259 00:15:59,208 --> 00:16:01,708 to say there might... There's two different arguments 260 00:16:01,792 --> 00:16:06,167 but you need to look at each segment and then how that applies to the law. 261 00:16:06,208 --> 00:16:09,750 If we can prove that he disengaged or walked away, 262 00:16:09,833 --> 00:16:13,000 which is what he claims but, again, I don't know right now, 263 00:16:13,125 --> 00:16:15,458 if we can prove that or establish that. 264 00:16:16,542 --> 00:16:17,333 And that's a real concern. 265 00:16:28,625 --> 00:16:32,208 One of the things I'm concerned about is that Davonnie 266 00:16:32,292 --> 00:16:34,750 maybe was the aggressor, at least initially, 267 00:16:34,875 --> 00:16:38,167 and we need to see if we can find a way to establish that 268 00:16:38,208 --> 00:16:40,208 he broke off or disengaged from the fight. 269 00:16:49,125 --> 00:16:50,833 -So this is Dyson. -LAURA JONES: Okay. 270 00:16:50,917 --> 00:16:52,500 Remember that self-defense shooting? 271 00:16:52,583 --> 00:16:56,000 -It's a ring video doorbell from across the street -Okay. Gotcha. 272 00:16:56,083 --> 00:16:58,833 So this is before the shooting that we're looking at. 273 00:16:58,917 --> 00:17:00,583 So, the apartment's over here on the right, 274 00:17:00,667 --> 00:17:02,708 -and on the left is where the victim parked her car. -LAURA: Okay. 275 00:17:04,042 --> 00:17:05,542 So they're in an argument over off screen 276 00:17:05,625 --> 00:17:07,500 that we can't see or hear. There's no audio. 277 00:17:07,583 --> 00:17:11,042 -They're over this way? -Right, they're over there. 278 00:17:11,125 --> 00:17:13,333 -Right there that guy that just came in screen? -LAURA: Mmm-hmm. 279 00:17:13,417 --> 00:17:16,958 That's Vonnie and then now look at the woman behind him. 280 00:17:17,042 --> 00:17:18,333 LAURA: With the baseball bat? 281 00:17:18,458 --> 00:17:20,583 RUSSELL: Exactly. LAURA: And on the phone. 282 00:17:20,708 --> 00:17:22,000 She's on the phone. Hold on. 283 00:17:22,083 --> 00:17:24,750 There was a 911 call that she made. 284 00:17:24,833 --> 00:17:26,292 LAURA: So you want me to play this? RUSSELL: Yeah, play it. 285 00:17:26,375 --> 00:17:27,375 -LAURA: Okay. -Let's just listen to what she says. 286 00:17:31,542 --> 00:17:34,500 RUSSELL: Pause it. So, she said, "He just pulled a gun on me." 287 00:17:34,583 --> 00:17:36,500 There's an allegation that he used the gun 288 00:17:36,542 --> 00:17:39,042 not shooting it but like he banged it on her window. 289 00:17:39,125 --> 00:17:41,333 RUSSELL: Meaning off the screen. LAURA: Okay. 290 00:17:41,417 --> 00:17:44,250 LAURA: It looks like he's just holding his hand up to his chest 291 00:17:44,333 --> 00:17:46,958 like it doesn't look like he's holding anything. 292 00:17:46,958 --> 00:17:48,500 RUSSELL: The gun, it's in his pocket. 293 00:17:48,542 --> 00:17:50,542 He certainly isn't showing it or pointing it. 294 00:17:50,625 --> 00:17:51,542 Okay, keep playing. 295 00:17:56,708 --> 00:17:58,208 (ALONA SPEAKING) 296 00:17:58,292 --> 00:17:59,750 RUSSELL: Okay, she says Davonnie did it. 297 00:18:02,417 --> 00:18:04,917 -Hold on. -(ALONA SPEAKING) 298 00:18:05,042 --> 00:18:06,250 -Woah, woah, woah. -LAURA: Hmm. 299 00:18:06,333 --> 00:18:08,125 BOTH: I'm walking right behind him. 300 00:18:08,208 --> 00:18:10,167 What she just got done saying was 301 00:18:10,250 --> 00:18:12,667 that she's following the guy. 302 00:18:12,750 --> 00:18:15,625 RUSSELL: He's clearly walking away here, I mean they gotta be 303 00:18:15,708 --> 00:18:18,708 -six to ten feet between them at least, right? -LAURA: Absolutely. 304 00:18:18,833 --> 00:18:23,625 Even if Davonnie's over here smashing her car window when they're in an argument, right? 305 00:18:23,708 --> 00:18:25,542 -Which would make him the aggressor. -LAURA: He is walking away. 306 00:18:25,625 --> 00:18:27,958 RUSSELL: 'Cause the law requires him to disengage from the fight 307 00:18:28,042 --> 00:18:29,958 -or to stop right? Fighting. -LAURA: Yep. 308 00:18:30,042 --> 00:18:32,958 RUSSELL: Witness statement says he went back in the apartment behind a locked door 309 00:18:33,042 --> 00:18:35,542 and then she smashed her way through with a baseball bat. 310 00:18:35,625 --> 00:18:37,500 LAURA: It does not appear to me right now that 311 00:18:37,542 --> 00:18:42,542 he's the aggressor, at least in this moment in time. 312 00:18:43,208 --> 00:18:44,292 He's walking away. 313 00:18:45,583 --> 00:18:47,500 Today, I think it's a critical piece of evidence. 314 00:18:47,583 --> 00:18:49,375 We're gonna be able to demonstrate to the jury 315 00:18:49,375 --> 00:18:51,333 he broke off the attack. 316 00:18:51,417 --> 00:18:54,250 He wasn't trying to be dominating. 317 00:18:54,333 --> 00:18:55,833 He was simply trying walk away 318 00:18:55,917 --> 00:18:58,458 and that's when this escalated into the situation it did. 319 00:19:12,708 --> 00:19:14,792 DAVONNIE: Court is coming up soon. 320 00:19:14,875 --> 00:19:17,750 It could be my last holiday, Thanksgiving. 321 00:19:17,750 --> 00:19:20,333 It's a lot to think about, 322 00:19:21,750 --> 00:19:24,208 so we just enjoying our time together right now. 323 00:19:26,042 --> 00:19:27,375 THERESA: Go check the turkey outside. 324 00:19:28,708 --> 00:19:29,625 It's close too. 325 00:19:35,625 --> 00:19:38,917 DAMANN YOUNG: That's called deep fried turkey. 326 00:19:39,000 --> 00:19:41,458 THERESA: Every year, me and my husband host Thanksgiving 327 00:19:41,542 --> 00:19:44,750 for our family, friends. 328 00:19:44,875 --> 00:19:47,792 Anyone who don't have a meal, come to our home. 329 00:19:49,000 --> 00:19:50,292 You're always welcome to eat. 330 00:19:51,958 --> 00:19:55,333 DAVONNIE: My family is like a pot full of everything. 331 00:19:55,375 --> 00:19:57,583 Everybody is different, so you can get 332 00:19:57,667 --> 00:19:59,417 a pinch of this, a pinch of that. 333 00:20:00,667 --> 00:20:02,417 It's all type of seasoning in one pot. 334 00:20:05,542 --> 00:20:10,000 My family has been great through this whole process for the last couple of years. 335 00:20:10,083 --> 00:20:13,333 They've been there through, since day one. 336 00:20:13,417 --> 00:20:17,000 And they also give me my space when I also need it, 337 00:20:17,042 --> 00:20:18,292 so I'm in a good one. 338 00:20:20,250 --> 00:20:21,875 DAMANN: All right, everybody, bow their head. 339 00:20:22,042 --> 00:20:25,917 I want to thank you, Almighty Father, creator, for this blessed day. 340 00:20:26,000 --> 00:20:27,542 This day called Thanksgiving. 341 00:20:27,625 --> 00:20:30,833 And we also ask you Father in the name of Yeshua, 342 00:20:30,875 --> 00:20:36,833 to bless our nephew, Vonnie, as he's going through his situation, 343 00:20:36,917 --> 00:20:39,333 so everything gonna come out on the right end. 344 00:20:40,083 --> 00:20:41,750 -Amen. -ALL: Amen! 345 00:20:41,833 --> 00:20:43,875 MAN 1: Are we ready to eat? MAN 2: Whoo. 346 00:20:45,000 --> 00:20:46,208 MAN 3: This is the bird. 347 00:20:59,167 --> 00:21:01,667 RUSSELL: Anytime you're dealing with self-defense, you have to look at first of all, 348 00:21:01,750 --> 00:21:03,500 the legal standard is whether or not my client 349 00:21:03,667 --> 00:21:06,417 acted reasonably in those circumstances. 350 00:21:06,500 --> 00:21:07,750 So what we really need to ascertain 351 00:21:07,833 --> 00:21:09,708 is what the circumstances really were. 352 00:21:11,250 --> 00:21:12,833 How much danger was he really in? 353 00:21:12,917 --> 00:21:15,333 How close was she to the car? What kind of damage there was. 354 00:21:15,458 --> 00:21:16,667 Because ultimately you're trying to decide 355 00:21:16,750 --> 00:21:19,375 if someone shooting a gun is reasonable. 356 00:21:19,458 --> 00:21:21,500 That's really up to the jury to decide. 357 00:21:21,542 --> 00:21:23,583 And when 12 people need to make that decision, 358 00:21:23,667 --> 00:21:25,792 we need to set the scene for them as best as we can. 359 00:21:33,542 --> 00:21:35,000 I need the jury to understand truly 360 00:21:35,042 --> 00:21:37,458 how terrifying the situation was in that moment. 361 00:21:40,792 --> 00:21:43,167 Carol and I, we weren't able to get into the actual crime scene, 362 00:21:43,208 --> 00:21:47,083 so we've been able to find a garage that's similar. 363 00:21:47,083 --> 00:21:48,958 and then we're going to make sure that we fully understand 364 00:21:49,042 --> 00:21:51,583 what happened between these two people during this attack. 365 00:21:53,375 --> 00:21:55,042 Okay, so, if I look at the photos, 366 00:21:57,083 --> 00:21:59,958 Davonnie fled down the stairs to his car, to his garage. 367 00:22:02,667 --> 00:22:05,458 He would have walked you know, around his car... 368 00:22:05,542 --> 00:22:07,667 -WEYMIER: Right? -To get into the driver's side over here. 369 00:22:07,792 --> 00:22:09,208 Right. 370 00:22:09,375 --> 00:22:11,875 Okay, so right about where this kayak opening, that's the door. 371 00:22:13,042 --> 00:22:14,292 This is about where the door is. 372 00:22:15,750 --> 00:22:18,667 And then his car is literally parked right here. 373 00:22:18,750 --> 00:22:21,167 When she comes out this door, makes sense that she's following him 374 00:22:21,208 --> 00:22:22,417 and going to smash the front of the car. 375 00:22:26,875 --> 00:22:31,000 -Where's that pole? Go back to that other photo. -All right. 376 00:22:31,083 --> 00:22:33,417 WEYMIER: His car's here. Right. RUSSELL: His car's here. Yes. 377 00:22:33,542 --> 00:22:34,625 RUSSELL: And the pole's there. 378 00:22:35,583 --> 00:22:36,792 I'm now trying to back out. 379 00:22:38,250 --> 00:22:40,000 If my door is open and I'm backing out, 380 00:22:42,042 --> 00:22:43,458 and he hits that pole, gets cut. 381 00:22:45,417 --> 00:22:47,375 Look at the door damage. 382 00:22:47,500 --> 00:22:50,708 If she's standing in front of the car smashing, 383 00:22:50,792 --> 00:22:55,083 he can't pull forward, close his door and go out 'cause he'll hit her. 384 00:22:55,167 --> 00:22:56,708 I'm looking behind my shoulder, 385 00:22:56,792 --> 00:22:58,708 I don't... No back up cam in this car. 386 00:22:58,833 --> 00:23:01,708 Plus she's you know, she's screaming, his door is open. 387 00:23:01,833 --> 00:23:03,875 -Now you're here right? -Right. 388 00:23:03,958 --> 00:23:05,458 Now you're smashing the back window. 389 00:23:06,917 --> 00:23:09,333 So, she's on the path to attacking him. 390 00:23:12,292 --> 00:23:14,000 'Cause that's where she gets shot. 391 00:23:14,167 --> 00:23:16,708 -Right. Okay, so she comes around this way. -RUSSELL: She comes around. 392 00:23:16,792 --> 00:23:20,417 He is sitting, you know, now he's probably about where the pole is here 393 00:23:20,500 --> 00:23:24,333 and he's got the gun and he shoots one way across like that and hits her. 394 00:23:24,458 --> 00:23:28,417 So one of the critical things is, was firing that shot reasonable? 395 00:23:30,208 --> 00:23:32,000 And he does say the shot was designed to scare her. 396 00:23:33,083 --> 00:23:34,708 If he wanted to scare her... 397 00:23:34,792 --> 00:23:36,292 -RUSSELL: No, no, no. -Could have put his hand out the window 398 00:23:36,375 --> 00:23:38,625 -and shot up to the ceiling. -RUSSELL: Carol, but this is okay. 399 00:23:38,708 --> 00:23:41,208 Remember, you're allowed to defend yourself. 400 00:23:41,292 --> 00:23:42,833 -He's trapped, right? -WEYMIER: Right. 401 00:23:42,875 --> 00:23:44,500 That's the key here, is he's trapped. 402 00:23:46,708 --> 00:23:49,083 WEYMIER: I would have been petrified. RUSSELL: Yeah. 403 00:23:49,083 --> 00:23:51,000 And this is what we've got to convey to the jury 404 00:24:09,083 --> 00:24:11,083 Anybody cam can be challenging, 405 00:24:11,167 --> 00:24:15,292 'cause it sometimes doesn't tell a good story for my clients and sometimes it does. 406 00:24:15,375 --> 00:24:19,542 We usually play it with a little bit of trepidation and our fingers are crossed. 407 00:24:19,625 --> 00:24:23,000 He's arriving on scene here about nine minutes after she's been shot. 408 00:24:23,083 --> 00:24:24,583 There's already an ambulance, already firefighters are there. 409 00:24:24,667 --> 00:24:25,958 So they got there quick. 410 00:24:27,708 --> 00:24:29,458 Right, so she's coming out of the garage 411 00:24:29,542 --> 00:24:31,958 and then she went left and then collapsed in the neighbor's driveway. 412 00:24:32,042 --> 00:24:33,458 -The neighbor's driveway. -So that's what we're looking at right now. 413 00:24:33,542 --> 00:24:35,500 CAROL: All right, okay. 414 00:24:35,583 --> 00:24:38,167 So, Vonnie is not there. 415 00:24:38,208 --> 00:24:40,750 The longer he's gone, the bigger a problem it is, right? 416 00:24:40,875 --> 00:24:42,667 'Cause, you know, in self-defense cases, 417 00:24:42,708 --> 00:24:44,292 if you think you've committed self-defense, 418 00:24:44,375 --> 00:24:45,917 a lot of times you stay on the scene. 419 00:24:55,792 --> 00:24:58,167 WEYMIER: "Dyson stated after he fired the shot, 420 00:24:58,250 --> 00:25:00,000 "she went out the sliding door. 421 00:25:00,125 --> 00:25:03,625 "Since she was holding her stomach, he thought he might have shot her. 422 00:25:03,708 --> 00:25:06,708 "He stated that he ran after her and didn't see her. 423 00:25:06,792 --> 00:25:10,083 "He then went through his front door. 424 00:25:10,208 --> 00:25:12,292 "He observed her lying next door. 425 00:25:12,375 --> 00:25:14,000 "He stated that her friends were there." 426 00:25:15,125 --> 00:25:17,792 He shot at her. She ran away. 427 00:25:17,875 --> 00:25:21,500 He ran outside and saw her laying in the driveway 428 00:25:21,583 --> 00:25:23,125 next door. 429 00:25:23,250 --> 00:25:26,750 If I was a prosecutor, that's something I would really dwell on. 430 00:25:26,833 --> 00:25:28,250 RUSSELL: Who knows how they're going to react 431 00:25:28,333 --> 00:25:29,875 until they're in a situation? 432 00:25:30,000 --> 00:25:31,667 I think what we gotta tell the jury is "This is how he did react. 433 00:25:31,750 --> 00:25:33,333 "Is it reasonable?" 434 00:25:33,417 --> 00:25:36,333 -Okay. -Right, 'cause remember it's the realm of reasonable. 435 00:25:36,417 --> 00:25:38,167 Not... Not perfect. 436 00:26:14,458 --> 00:26:18,333 WEYMIER: So why did he stash the gun, Russ? Doesn't that hurt? 437 00:26:18,417 --> 00:26:20,292 Some of those facts are bad, right? 438 00:26:20,417 --> 00:26:25,250 Stashing a gun, bad fact, maybe seeing her, not rendering her aid, bad fact right? 439 00:26:25,333 --> 00:26:28,250 -Mmm-hmm. -And leaving. There's illogic to what he did. 440 00:26:28,375 --> 00:26:30,167 It shows the scattered brain, 441 00:26:30,250 --> 00:26:34,333 which means he shows the state of panic, which shows reasonableness. 442 00:26:34,417 --> 00:26:37,708 What we were able to determine when we watched the body cam is we're probably 443 00:26:37,792 --> 00:26:40,500 gonna have to embrace the fact that he did hide the gun 444 00:26:40,583 --> 00:26:42,750 and the fact that he fled. 445 00:26:42,833 --> 00:26:44,458 The consequences of this case, obviously, 446 00:26:44,542 --> 00:26:46,250 I mean, they're dire, right? 447 00:26:46,333 --> 00:26:49,875 And ultimately, if the jury doesn't find what he did was reasonable, 448 00:26:49,875 --> 00:26:52,750 he's going to prison for at least a decade or more. 449 00:27:12,792 --> 00:27:14,750 RUSSELL: So we're going to start trial next week. 450 00:27:14,875 --> 00:27:17,167 So what we're going to do today is, 451 00:27:17,250 --> 00:27:20,167 we're going to look at the video of Davonnie's statement to law enforcement. 452 00:27:20,250 --> 00:27:22,167 It happened the night of the shooting. 453 00:27:22,250 --> 00:27:25,667 So he's giving a very fresh account of what just occurred. 454 00:27:32,792 --> 00:27:34,833 (DAVONNIE SPEAKING) 455 00:27:39,458 --> 00:27:41,667 OFFICER: So what were you thinking during this whole time? 456 00:27:41,667 --> 00:27:43,292 (DAVONNIE SPEAKING) 457 00:27:47,958 --> 00:27:49,833 The concern is that he might have just 458 00:27:49,917 --> 00:27:51,958 been trying to get away from the fight, 459 00:27:52,042 --> 00:27:53,958 meaning he wasn't really fearful for his life 460 00:27:54,042 --> 00:27:56,250 but he really just wanted to disengage. 461 00:27:56,333 --> 00:27:58,708 You're not allowed to shoot someone to disengage a fight. 462 00:27:58,792 --> 00:28:01,750 You are allowed to shoot someone if you're in fear of your life. 463 00:28:01,875 --> 00:28:03,458 And I think the state might make that argument, 464 00:28:03,542 --> 00:28:04,625 so that is a concern. 465 00:28:05,875 --> 00:28:08,292 (OFFICER SPEAKING) 466 00:28:11,667 --> 00:28:12,708 (DAVONNIE SPEAKING) 467 00:28:21,125 --> 00:28:23,917 (OFFICER SPEAKING) 468 00:28:24,625 --> 00:28:26,917 (DAVONNIE SPEAKING) 469 00:28:30,000 --> 00:28:34,500 The officers are trying to pin him down to say he wasn't afraid for his life. 470 00:28:34,542 --> 00:28:38,667 I think the jury hopefully will see it for what it is, and that is that 471 00:28:38,750 --> 00:28:41,500 they wouldn't know what would happen, 472 00:28:41,583 --> 00:28:42,875 I wouldn't know what would happen 473 00:28:42,958 --> 00:28:44,333 and neither did Davonnie know what would happen 474 00:28:44,417 --> 00:28:47,875 if someone's that irrational, that out of control, 475 00:28:47,958 --> 00:28:51,708 swinging a baseball bat that many times. 476 00:28:51,833 --> 00:28:54,667 I think the state might make the argument that he damaged her property, 477 00:28:54,750 --> 00:28:56,875 she was there to damage his property. 478 00:28:58,917 --> 00:29:01,833 He doesn't have the right of self-defense of property 479 00:29:01,917 --> 00:29:05,167 under the law, the way it's constituted. 480 00:29:05,208 --> 00:29:07,458 Ultimately, it will be for the jury to decide, 481 00:29:07,542 --> 00:29:11,458 but I think overall this interview will be a critical piece of evidence. 482 00:29:21,583 --> 00:29:24,958 RUSSELL: Everything we've worked on in this trial is coming down to today, 483 00:29:25,042 --> 00:29:29,083 so going through the garage, meeting with Davonnie, mapping this out with my staff, 484 00:29:29,083 --> 00:29:30,917 you know, this is what we prepare for 485 00:29:31,000 --> 00:29:32,250 and this is what we're ready for today. 486 00:29:49,833 --> 00:29:52,667 What happened on June 5th of 2020 487 00:29:52,667 --> 00:29:54,833 is Mr. Dyson shot and killed Alona. 488 00:29:54,917 --> 00:29:58,542 Mr. Dyson, I don't anticipate, 489 00:29:58,667 --> 00:30:00,917 is gonna dispute that he shot her. 490 00:30:01,042 --> 00:30:05,167 The issue is simply going to be this, 491 00:30:05,208 --> 00:30:07,083 whether or not his conduct is privileged 492 00:30:07,167 --> 00:30:10,333 under the law of self-defense in Wisconsin. 493 00:30:10,375 --> 00:30:12,833 The state's position at the end of the trial, 494 00:30:12,917 --> 00:30:15,750 given the law of self-defense as you'll be instructed. 495 00:30:15,833 --> 00:30:18,042 Mr. Dyson's conduct was not privileged 496 00:30:18,125 --> 00:30:20,167 and what he did by shooting at one time 497 00:30:20,250 --> 00:30:22,333 is second degree reckless homicide. 498 00:30:22,375 --> 00:30:24,042 -Thank you. -JUDGE: Thank you, counsel. 499 00:30:30,708 --> 00:30:34,833 So the state said the issue here will be whether or not his actions were privileged. 500 00:30:34,917 --> 00:30:36,958 Privileged meaning he's allowed to do it 501 00:30:37,042 --> 00:30:41,292 under certain circumstances if it was reasonable. 502 00:30:41,375 --> 00:30:43,667 That's the question for you throughout this entire trial, 503 00:30:43,750 --> 00:30:46,333 albeit tragic, were they reasonable? 504 00:30:47,375 --> 00:30:48,208 Thank you. 505 00:31:16,917 --> 00:31:19,167 JUDGE: Do you swear to tell the truth, the whole truth, and nothing but the truth, 506 00:31:19,250 --> 00:31:20,208 so help you God? 507 00:31:27,875 --> 00:31:30,542 PAUL TIFFIN: Correct to say you get over there in that area and Alona parks? 508 00:31:30,625 --> 00:31:32,542 (PERDITA BLUETT SPEAKING) 509 00:31:32,667 --> 00:31:35,333 -TIFFIN: Where does she park? -(BLUETT SPEAKING) 510 00:31:35,458 --> 00:31:38,000 -TIFFIN: Around the corner from? -(BLUETT SPEAKING) 511 00:31:40,042 --> 00:31:42,125 -TIFFIN: On, like, the sidewalk? -(BLUETT SPEAKING) 512 00:31:48,833 --> 00:31:49,875 TIFFIN: What do you recall happening? 513 00:31:50,458 --> 00:31:52,250 (BLUETT SPEAKING) 514 00:32:03,917 --> 00:32:05,000 TIFFIN: And what happens then? 515 00:32:05,500 --> 00:32:06,875 (BLUETT SPEAKING) 516 00:32:10,167 --> 00:32:11,417 TIFFIN: What did you see happened then? 517 00:32:11,500 --> 00:32:13,250 (BLUETT SPEAKING) 518 00:32:16,292 --> 00:32:17,792 TIFFIN: And what did he do? 519 00:32:17,875 --> 00:32:18,875 (BLUETT SPEAKING) 520 00:32:26,083 --> 00:32:27,042 TIFFIN: Judge, I have no further questions. 521 00:32:29,875 --> 00:32:32,167 RUSSELL: All right, ma'am, so I want to ask you a few questions. 522 00:32:32,250 --> 00:32:34,542 Davonnie starts walking back to his apartment. 523 00:32:34,625 --> 00:32:36,083 That's a true statement, right? 524 00:32:36,208 --> 00:32:37,500 -(BLUETT SPEAKING) -RUSSELL: Okay. 525 00:32:37,583 --> 00:32:39,833 -Does anyone follow him? -(BLUETT SPEAKING) 526 00:32:39,917 --> 00:32:42,625 -RUSSELL: He wasn't pointing the gun anymore, was he? -(BLUETT SPEAKING) 527 00:32:42,708 --> 00:32:46,542 RUSSELL: So someone who just pointed a gun at you, you decide to follow him? Go after him? 528 00:32:47,667 --> 00:32:49,167 RUSSELL: Yes? 529 00:32:49,208 --> 00:32:51,458 In fact, I think you testified that you told Alona that 530 00:32:51,542 --> 00:32:53,458 you wanted to go back to the car and leave, right? 531 00:32:54,208 --> 00:32:55,583 (BLUETT SPEAKING) 532 00:32:58,667 --> 00:33:00,958 RUSSELL: So you were advising Alona that you guys should leave? 533 00:33:01,042 --> 00:33:02,500 (BLUETT SPEAKING) 534 00:33:02,583 --> 00:33:04,583 RUSSELL: She wasn't listening to you was she? 535 00:33:04,708 --> 00:33:06,833 -She was still going after Davonnie? -(BLUETT SPEAKING) 536 00:33:06,917 --> 00:33:08,667 -RUSSELL: With her bat? -(BLUETT SPEAKING) 537 00:33:08,750 --> 00:33:09,625 Broke into his door? 538 00:33:10,625 --> 00:33:12,000 RUSSELL: Okay. 539 00:33:12,125 --> 00:33:13,083 Nothing else. Thank you, ma'am. 540 00:33:22,875 --> 00:33:25,542 TIFFIN: After the window was broken, where did Davonnie start going? 541 00:33:25,667 --> 00:33:28,167 (AUSTRIA JONES SPEAKING) 542 00:33:28,250 --> 00:33:29,500 TIFFIN: Alona had a bat in the car? 543 00:33:29,583 --> 00:33:30,375 (AUSTRIA SPEAKING) 544 00:33:30,500 --> 00:33:32,042 TIFFIN: Fair to say she followed him? 545 00:33:32,125 --> 00:33:34,167 (AUSTRIA SPEAKING) 546 00:33:34,250 --> 00:33:38,083 TIFFIN: Did you see anything happen at Davonnie's apartment? 547 00:33:38,875 --> 00:33:40,250 (AUSTRIA SPEAKING) 548 00:33:46,292 --> 00:33:47,458 TIFFIN: What happened then? 549 00:33:47,583 --> 00:33:49,083 (AUSTRIA SPEAKING) 550 00:33:49,167 --> 00:33:50,750 -TIFFIN: One shot? -(AUSTRIA SPEAKING) 551 00:33:50,833 --> 00:33:54,000 TIFFIN: Could you tell where that shot came from? 552 00:33:54,042 --> 00:33:55,250 (AUSTRIA SPEAKING) 553 00:33:58,625 --> 00:34:00,667 TIFFIN: And what, if anything, did you see? 554 00:34:00,750 --> 00:34:02,417 (AUSTRIA SPEAKING) 555 00:34:07,500 --> 00:34:09,417 TIFFIN: Thank you. I have no other questions JUDGE: Russ. 556 00:34:09,542 --> 00:34:10,458 RUSSELL: Thank you. 557 00:34:10,542 --> 00:34:12,167 So he points a gun at all three of you 558 00:34:12,208 --> 00:34:13,208 and then breaks the window? 559 00:34:13,292 --> 00:34:14,500 (AUSTRIA SPEAKING) 560 00:34:14,583 --> 00:34:16,708 RUSSELL: Did want Alona to come back to the car? 561 00:34:16,833 --> 00:34:18,417 (AUSTRIA SPEAKING) 562 00:34:19,458 --> 00:34:20,708 RUSSELL: You wanted to leave, right? 563 00:34:20,792 --> 00:34:22,583 Perdita wanted to leave, correct? 564 00:34:22,667 --> 00:34:24,125 (AUSTRIA SPEAKING) 565 00:34:25,375 --> 00:34:26,833 RUSSELL: Were you trying to get Alona to leave? 566 00:34:26,875 --> 00:34:28,167 Yes or no, ma'am? 567 00:34:28,250 --> 00:34:31,833 -Were you trying to... -(AUSTRIA SPEAKING) 568 00:34:31,917 --> 00:34:34,583 JUDGE: Wait... Wait for the question to be asked again and just answer it. 569 00:34:34,667 --> 00:34:36,167 RUSSELL: Were you trying to encourage... JUDGE Could you just wait 570 00:34:36,208 --> 00:34:38,125 -till I... -RUSSELL: Sorry, Sorry, Judge. 571 00:34:38,208 --> 00:34:39,667 (AUSTRIA SPEAKING) 572 00:34:39,667 --> 00:34:41,500 RUSSELL: Were you trying to encourage Alona to leave? 573 00:34:41,542 --> 00:34:43,333 (AUSTRIA SPEAKING) 574 00:34:43,458 --> 00:34:46,167 RUSSELL: I have nothing else. Thanks. 575 00:34:46,208 --> 00:34:50,083 The two witnesses admitted that they were trying to get Alona to leave with them. 576 00:34:50,167 --> 00:34:51,958 That's a good piece of evidence for us 577 00:34:52,042 --> 00:34:54,375 because he needs to be not the aggressor here, 578 00:34:54,500 --> 00:34:57,167 so if her friends even thought she should leave 579 00:34:57,208 --> 00:34:59,708 that means that they knew she was going down a path she shouldn't have. 580 00:35:17,542 --> 00:35:19,667 TIFFIN: This is a recording of the interview 581 00:35:19,708 --> 00:35:23,083 -that was conducted on June 6th. Is that Correct? -CRAIG THIMM: Correct. 582 00:35:24,042 --> 00:35:25,625 (THIMM SPEAKING) 583 00:35:29,083 --> 00:35:30,500 (DAVONNIE SPEAKING) 584 00:35:56,875 --> 00:35:58,208 (THIMM SPEAKING) 585 00:35:58,333 --> 00:36:00,583 (DAVONNIE SPEAKING) 586 00:36:00,667 --> 00:36:02,375 -(THIMM SPEAKING) -(DAVONNIE SPEAKING) 587 00:36:06,208 --> 00:36:08,208 (THIMM SPEAKING) 588 00:36:08,292 --> 00:36:10,208 (DAVONNIE SPEAKING) 589 00:36:20,167 --> 00:36:24,333 TIFFIN: Those are accurate recordings of the interview that was conducted with you, 590 00:36:24,375 --> 00:36:26,292 Detective Kushnick and Mr. Dyson, correct? 591 00:36:27,167 --> 00:36:28,792 THIMM: Yes. 592 00:36:28,875 --> 00:36:32,750 RUSSELL: Nothing he told you in that recording for over an hour 593 00:36:32,833 --> 00:36:35,750 was inconsistent with any of the evidence you'd reviewed 594 00:36:35,875 --> 00:36:37,625 prior to interviewing him, true? 595 00:36:37,708 --> 00:36:40,500 -Correct. -RUSSELL: Nothing else. 596 00:36:40,583 --> 00:36:43,708 The cop said everything he said was consistent with the evidence. 597 00:36:43,833 --> 00:36:45,833 Basically, it's exactly what he's always maintained 598 00:36:45,917 --> 00:36:47,667 the version to be, and that is that they had an argument 599 00:36:47,750 --> 00:36:50,125 up by the vehicle, he walked away. 600 00:36:50,208 --> 00:36:53,500 Davonnie's version, which I think is supported by the evidence, 601 00:36:53,542 --> 00:36:58,500 is consistent with him genuinely breaking off any sort of attack. 602 00:36:58,542 --> 00:37:01,417 Really the issue tomorrow is gonna be the closing argument. 603 00:37:01,500 --> 00:37:03,792 It's gonna be so the jury really can put themselves 604 00:37:03,875 --> 00:37:07,625 in the shoes of Davonnie at the time this occurred. 605 00:37:07,708 --> 00:37:09,958 So my job is to put them in that garage. 606 00:37:21,167 --> 00:37:22,208 TIFFIN: Judge, at this time the state 607 00:37:22,292 --> 00:37:24,042 is not going to call any further witnesses 608 00:37:24,125 --> 00:37:25,875 in subject or rebuttal. The state rests. 609 00:37:35,583 --> 00:37:37,167 RUSSELL: Davonnie, we've got to consider 610 00:37:37,250 --> 00:37:38,667 -whether you testify or not. -DAVONNIE: Okay. 611 00:37:38,708 --> 00:37:40,542 You know, and in a self-defense case, 612 00:37:40,667 --> 00:37:43,667 usually I'm leaning towards a guy testifying 613 00:37:43,792 --> 00:37:46,500 because you have to kind of talk about what you believed in the moment. 614 00:37:46,542 --> 00:37:48,333 -DAVONNIE: All right. -But I think in your case, 615 00:37:48,500 --> 00:37:51,833 they played an hour, basically an hour of your statement to law enforcement. 616 00:37:51,958 --> 00:37:53,667 You weren't highly emotional in that statement 617 00:37:53,708 --> 00:37:56,542 but my concern is now two and a half years later, 618 00:37:56,625 --> 00:37:57,833 maybe you wouldn't be emotional 619 00:37:57,875 --> 00:37:59,792 and they would be and that might come off bad. 620 00:37:59,875 --> 00:38:01,833 I mean, it's up to you ultimately and the judge is gonna ask you 621 00:38:01,875 --> 00:38:03,375 but that's my advice. 622 00:38:03,458 --> 00:38:04,750 -DAVONNIE: All right. -All right. 623 00:38:04,833 --> 00:38:05,750 RUSSELL: Let's get out of here. DAVONNIE: All right. 624 00:38:14,333 --> 00:38:16,667 JUDGE: So you understand, sir, 625 00:38:16,750 --> 00:38:20,458 you have a constitutional right to testify or not to testify. 626 00:38:20,542 --> 00:38:21,958 You understand that? 627 00:38:22,042 --> 00:38:23,042 DAVONNIE: Yes, sir. 628 00:38:23,167 --> 00:38:25,250 JUDGE: And it's, uh, my understanding 629 00:38:25,375 --> 00:38:28,750 based upon those representations by the state 630 00:38:28,833 --> 00:38:33,042 that you are not going to exercise your right to testify. 631 00:38:33,042 --> 00:38:35,833 DAVONNIE: Yes, sir. JUDGE: And you've discussed that with your lawyer? 632 00:38:35,958 --> 00:38:39,750 DAVONNIE: Yes, sir. JUDGE: And it's a choice that you are alone making? 633 00:38:39,833 --> 00:38:40,667 DAVONNIE: Yes, sir. 634 00:38:46,833 --> 00:38:48,750 RUSSELL: The closing statement in this case in particular, 635 00:38:48,750 --> 00:38:52,042 I think is, uh, the crescendo, it's the be all, end all 636 00:38:52,167 --> 00:38:55,375 because ultimately it's your last chance to talk to that jury 637 00:38:55,500 --> 00:38:57,625 and convince them of your position. 638 00:38:57,708 --> 00:39:01,417 We're not really arguing what happened as much as we're arguing why it happened 639 00:39:01,500 --> 00:39:03,667 and the why is persuasion 640 00:39:03,750 --> 00:39:05,958 and that's why the closing arguments are so critical in this case 641 00:39:07,375 --> 00:39:10,042 TIFFIN: Taking a handgun, aiming at somebody 642 00:39:10,125 --> 00:39:12,292 and pulling the trigger 643 00:39:12,375 --> 00:39:14,875 creates a risk of death or great bodily harm. 644 00:39:14,958 --> 00:39:17,333 His conduct was that crime. 645 00:39:18,542 --> 00:39:19,708 He basically had enough. 646 00:39:21,458 --> 00:39:25,167 This was, "I want out of here, I'm just gonna shoot." 647 00:39:25,292 --> 00:39:27,208 That's not reasonable. 648 00:39:27,292 --> 00:39:28,750 Based on what he did. 649 00:39:28,833 --> 00:39:30,917 Based upon the evidence is to say to you, 650 00:39:31,000 --> 00:39:33,583 his conduct is not privileged, it's not reasonable. 651 00:39:36,542 --> 00:39:37,583 JUDGE: Thank you, Counsel. 652 00:39:38,708 --> 00:39:40,792 -Mr. Jones? -RUSSELL: Thank you, Your Honor. 653 00:39:40,875 --> 00:39:43,542 RUSSELL: Let's look at what we know, okay? 654 00:39:43,625 --> 00:39:46,000 What do we know? We know that Mr. Dyson, 655 00:39:46,042 --> 00:39:47,833 he walked away. 656 00:39:47,917 --> 00:39:50,792 He'd never seen her that out of control. 657 00:39:50,875 --> 00:39:53,333 He'd never seen her like that before. 658 00:39:53,458 --> 00:39:55,583 He yelled stop three times 659 00:39:55,708 --> 00:39:58,375 and all he does is fire one shot, one shot. 660 00:39:59,167 --> 00:40:00,500 He was scared, 661 00:40:00,583 --> 00:40:01,875 he was terrified for his life. 662 00:40:03,750 --> 00:40:06,917 We don't know how we would react in that situation. 663 00:40:07,917 --> 00:40:09,833 The truth is here, this is a tragedy 664 00:40:09,917 --> 00:40:12,500 that Alona is dead. You're not here 665 00:40:12,583 --> 00:40:16,500 to avenge a tragedy, you're here to apply the law. 666 00:40:16,583 --> 00:40:18,500 You have to do it. It's a tough job. 667 00:40:19,875 --> 00:40:22,167 But on that day, in that moment, 668 00:40:22,208 --> 00:40:24,625 Mr. Dyson had to make that choice. 669 00:40:25,833 --> 00:40:26,750 Thank you. 670 00:40:35,750 --> 00:40:37,958 RUSSELL: I'm always nervous when juries are out. 671 00:40:38,042 --> 00:40:41,875 I'm confident that we presented a good case, I'm confident the jury was listening, 672 00:40:41,958 --> 00:40:45,333 but at the end of the day, 12 people decide this 673 00:40:45,375 --> 00:40:49,000 and Davonnie's life is in their hands. 674 00:40:49,042 --> 00:40:51,500 DAVONNIE: Hopefully they do come back not guilty, 675 00:40:51,542 --> 00:40:53,792 so I can really do whatever I need to do. 676 00:41:11,042 --> 00:41:13,333 Court is going to read the verdict. 677 00:41:13,375 --> 00:41:15,417 (DRAMATIC MUSIC PLAYING) 678 00:41:17,917 --> 00:41:21,833 This is State of Wisconsin versus Dyson. 679 00:41:21,875 --> 00:41:23,792 "We, the jury, find the defendant 680 00:41:29,042 --> 00:41:31,250 "not guilty of second degree reckless homicide 681 00:41:31,375 --> 00:41:35,375 "as charged in the information dated this 21st day of February." 682 00:41:35,458 --> 00:41:36,708 Signed by the foreperson. 683 00:41:39,917 --> 00:41:42,417 -Not guilty, man, so it's over. -Thank you. 684 00:41:42,500 --> 00:41:44,917 All right, got your life back. You're released on bail, okay? 685 00:41:45,042 --> 00:41:47,167 -You can get your gun back. -Yeah. 686 00:41:47,250 --> 00:41:49,500 -I mean, hell, you can even apply for your job if you want. -Yeah. 687 00:41:49,583 --> 00:41:51,208 So I'm glad it's over for you. 688 00:41:51,292 --> 00:41:52,500 I'm sorry it was such a long road. 689 00:41:52,583 --> 00:41:53,833 Yeah, long rodeo. 690 00:41:53,917 --> 00:41:55,333 RUSSELL: You know, but I'm glad it's over. 691 00:41:55,458 --> 00:41:57,167 Thanks, you did your job. 692 00:41:57,292 --> 00:41:58,333 RUSSELL: (CHUCKLES) I tried, man, let's get out of here, all right? 693 00:41:58,417 --> 00:42:00,333 DAVONNIE: Yeah. RUSSELL: Come on. 694 00:42:00,417 --> 00:42:04,667 DAVONNIE: My emotions when the verdict came in, it was shock. 695 00:42:04,750 --> 00:42:06,667 It's a relief on me, even though 696 00:42:06,708 --> 00:42:08,833 I'm always gonna miss her no matter what. 697 00:42:08,875 --> 00:42:12,000 I still think about her to this day. 698 00:42:12,083 --> 00:42:15,667 This case has been dragging me for the last two years. 699 00:42:15,750 --> 00:42:18,500 I'm just ready to get back to having a normal life. 700 00:42:19,750 --> 00:42:21,083 RUSSELL: This was the right result. 701 00:42:21,167 --> 00:42:24,083 At the end of the day, the jury got it right. 702 00:42:24,167 --> 00:42:25,958 It was a tough decision for them and they took their time 703 00:42:26,042 --> 00:42:29,792 but I think they realized that under those circumstances, 704 00:42:29,917 --> 00:42:31,500 Davonnie acted reasonably. 705 00:42:31,542 --> 00:42:32,500 Even though it was tragic.