Prosecutors say ex-cop who shot son is a murderer

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ORANGE COUNTY, Fla. —

Channel 9 was in court Tuesday when former Orlando police officer Tim Davis Sr. teared up several times during opening statements at his murder trial as his lawyer explained to the jury why Davis is innocent in the death of his son.

Davis said he shot and killed his son, Tim Davis Jr., 22, in self-defense in October 2011.

But jurors spent most of Tuesday hearing from prosecutors and investigators who are calling Davis a murderer.

One of the big pieces of evidence against Davis was his emotional statement to police, according to Channel 9's Kathi Belich.

At least one juror looked at Davis as the prosecutor played Davis' recorded statement about how he had shot and killed his son.

"I just, I just lost it. I'm not proud of it, because I pride myself on being a man and being a cool, level-headed person," Davis said on the tape.

Earlier, Davis left the courtroom during the medical examiner's testimony about his son's gunshot wounds and he wiped tears away as he heard testimony about the fight he and his son had before Davis fired the deadly shot.

Defense attorney Robert Nesmith claims Davis was badly beaten by his son before he went out to his car to get his gun. They told the jury Davis slowly fired two shots just to scare his son.

"Timothy has now taken off his shirt and is flexing his muscles," said Nesmith. "And at that time, Mr. Davis fires, not to hit his son, but to scare him."

But Davis' neighbor and a deputy who was running track nearby both heard the shots and said they were fired in rapid succession. And prosecutor Jim Altman said that's because they were deliberate.

"Striding to the garage where his son is, looking down the barrel of the gun with the laser sight and shooting at his son," said Altman.

Several jurors were avidly taking notes when the Florida Department of Law Enforcement gun expert was explaining how the laser sight on Davis' gun works.