Updated:ORLANDO, Fla. —
Former Orlando police Lt. Tim Davis will go to trial on second-degree murder charges after a judge on Friday said the shooting death of Davis’ son was not covered by Florida’s stand your ground law.
Davis has claimed he shot his son, Timothy Davis Jr, in self-defense after an argument turned into a fight in April.
One of the key witnesses was Davis's young daughter, Tyra, who had a tough time sitting through questions about her father killing her brother, but she did defend her father.
Tyra Davis broke down the first time she was asked to talk about what happened. She looked at her father often before she answered questions, and she told the judge he didn't mean to shoot her brother.
Channel 9's Kathi Belich was in court when Davis Sr. broke down in tears during and after his daughter's testimony.
The girl had to leave her fifth-grade class to testify at Davis' stand your ground hearing because she saw the deadly shooting in the family's Apopka driveway.
Tyra Davis testified that the first shot her father fired was aimed straight up in the air.
"He opened up his trunk. He got a gun. He put it up, he pointed up in the air and he, when it was coming down, it got him. It got Timmy," she said.
But Davis's own home security video, first obtained by Channel 9, shows Davis took the gun out of his car and immediately aimed it at his son and fired. Davis walked out of view of the camera and fired a second, fatal shot.
After telling police the shooting was in self-defense, Davis seemed to change his story about whether his son was actually threatening him at the time he opened fire, telling police he "just lost it."
"I got the gun and as I retrieved it, I saw him coming at me," Davis told the judge. "I was like, 'Get back, Timmy, get back,' and he kept coming towards me."
But WFTV learned that before Davis knew his home security camera had recorded him opening fire, he told an Orange County grand jury that he had his gun at his side when he walked back to his house from the car.
Davis also told the grand jury that once he got the gun, his son kept coming at him, and he kept warning his son to get back.
"He kept coming," Davis said.
Davis, who was trained to shoot to kill as a police officer, said Friday he fired a warning shot in his son's direction just to scare him.
In court Friday, Davis also said Apopka police tricked him before he was read his Miranda rights by promising he could visit his son in the hospital if he gave them a statement.
Davis testified one officer texted him concerning the promise, but the officer said no such thing happened.
While on the stand, Davis got combative during questioning, prompting the judge to step in and tell him to answer the questions.