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[Music] Welcome to True Crime Garage. Wherever you are, whatever you are doing, thanks
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for listening. I'm your host, Nick, and with me as always is a man with no postcode envy. Here is the captain.
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>> Yeah. So, tell your mom it's good to be seen and good to see you. Thanks for listening. Thanks for telling a friend.
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Today we are elated to be sipping on some caramel apple triple by the elevated brewers over at Sun King
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Brewery. This is the Applejack edition. This delicious triple is aged in rum barrels with dried apples and brown
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sugar. ABV 13.3%. So enjoy this one at home in your garage or sitting by the fireplace. Garage
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grade three and 3/4 bottle caps out of five. And let's give some thanks and praise to our good friends who helped us
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fill up the old garage fridge for this week. First up, a cheers to Robin Jennings from Morrisville, PA. And a big
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we like to jib goes out to Claire from Dallas, Texas. Texas forever. >> Big D. Here's a doublefisted cheers to
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our friends, the dude in Marquay from Casper, Wyoming. >> The big talk can hands in the air goes
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to Brian in Harbor Beach, Michigan. >> Next, we have Ruby from Big Stone Gap, Virginia. And last, but certainly not
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least, we have Henry in Boston, New York. Everyone we just mentioned, they went to trimegar.com
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and helped us out with this week's beer fund for the beer run. And for that we thank you.
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>> Yeah. BWR beer run. Check out true crimegar.com. Sign up on the mailing list. And that's enough of the be news.
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>> All right everybody, gather around, grab a chair, grab a beer. Let's talk some
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true crime. [Music] Come back to me. [Music] Come back to me. [Music] It was after midnight when 33-year-old
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Allison Davis picked up her cell phone and called 911. Her voice carried panic. Her words
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rushed and loud. She told emergency services that her husband had fallen down the stairs.
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New Haven Indiana police and EMTs arrive on the scene quickly. And if needed, they were prepared to run into the home
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and save this man's life. Once inside the home, they find Allison Davis's husband, Kevin Davis, at the bottom of a
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stairwell with blood pooling beneath him. He is very badly hurt and in far worse
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condition than expected. The 40-year-old man was barely hanging on, clinging to life.
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But blood just wasn't on the floor. It was splattered on the walls. After a night out with friends at a local
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tavern, tragedy strikes the Davis home, leaving one person dead and the other with a lot of questions to answer. This
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is True Crime Garage. [Music] >> Come back to me. [Music] Come back to me. [Music]
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>> Tonight we are going next door on the map to a state that we have been many times to the hooer state, Indiana. This
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is New Haven, which is immediately northeast of Fort Wayne, Indiana in Allen County. New Haven with an ever
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growing population of just over 16,000 residents. And New Haven is known for its direct connection to the River
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Greenway. New Haven is a nice central location in between our state of Ohio and Fort Wayne. The community there
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enjoys the overall small town feel with big city access. Tonight's true crime story is a recent one. So, let's start
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off on August 11th, 2023. This is a Friday evening. Oh, how we love a Friday evening after a work week.
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For some, that means it's time to cool off and relax. For others, it means it's time to go out and blow off some steam.
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On this night, 40-year-old Kevin Ray Davis is sitting with friends who he bumped into at the local tavern. Kevin
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is into landscaping and a designer and reported to be a hardworking, reliable, nice, generous dude. It is also said
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that he is what the tavern staff and patrons would call a regular to this bar. This is the East Haven Tavern. And
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from what it sounds like, most of the folks that were there on this evening were regulars. Everyone knew everyone.
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This is my kind of joint right here. The East Haven Tavern. This is a place with
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good reviews and good food. They have a chicken gizzard and fries basket there, Captain.
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>> Yum, yum. Give me some. >> Not me. Give me the jalapeno burger. So this is a place where you don't need to
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arrive with friends or schedule to meet up with friends. Here you can walk in on
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any weekend night and know many of the people that came there to hang out. And that is exactly what is going on here on
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a summer night in Indiana. Kevin is there after work. He's sitting with some other regulars that he knows.
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Kevin is a big personality type with a big heart kind of guy. He's there with his fellow regulars. They are talking,
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catching up. He's also waiting for his wife to meet him. His wife is Allison Davis. She arrives at the tavern around
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900 p.m. This does play a role in the overall story here. This next part here, Captain, it's reported that Kevin was
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drinking beer and had some vodka shots. >> Yeah. his wife Allison, she was drinking
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cocktails. Now Allison works in retail. She works at Victoria's Secret and has been working up until the time that she
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arrived at the East Haven Tavern. So, let's zoom ahead a couple of hours. It's just before 1:00 a.m. Allison takes off
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and heads home. Kevin not far behind. All reports state that the couple left the tavern around 1:00 a.m. and they
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arrived home around 1:00 a.m. So, the Davis's live at 1728 Douglas Lane in New Haven. This is just one mile from the
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tavern, about a 4-minute drive. All right. It sounds like a fun time was had on that Friday night. They go home.
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Presumably, they will go to bed and at some point wake up on Saturday and start their weekend.
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>> Yeah. >> But what really happens on this night is after a night out with friends at a
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local tavern, the married couple, the Davises, they head home. Then less than 4 hours later, tragedy strikes the Davis
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home, leaving one person dead and the other with a lot of questions to answer. So now we are still in the small hours.
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Saturday, August 12th, 2023. We have a frantic call to 911 coming from the Davis home. Here is part of the
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transcription. The dispatcher says, "911, what's the address of your emergency?" The caller is a female. In
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fact, it's Allison Davis who says, "My husband just fell down the stairs and there is blood everywhere. I don't know
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if he's alive or dead." The dispatcher says, "Okay, what happened to your husband?" To which Allison Davis says,
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"Um, he fell down the stairs just now. I was sleeping downstairs. All I heard all
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of a sudden, I heard a loud noise." So, she's indicating here on the 911 call that the her husband, she presumes,
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has fallen down the stairs of their home. They live in a two-story home. And from what she's saying is she hears this
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loud noise. This is what woke her and then she finds her husband at the bottom of the stairs. She goes on to say that
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she attempted to move him or wake him or communicate with him. Yeah, I think she
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says she tries to roll him over, but she can't. >> And so she calls in to 911 hoping that they can get out there and
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help her husband. >> And this is going to be a very interesting crime because we're going to
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have body cam footage of the police officers arriving on the scene and watching Kevin's wife interact with the
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EMTs and the firefighters and the police officers. >> Yes. When you get these types of
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situations, emergency situations, when you have police arriving with other first responders,
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the benefit that we have when we analyze these types of stories is we get that extra
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evidence of that body cam footage. So many of these jurisdictions these days, it's a requirement that they are
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equipped with a body camera. So, let's go to the report here, Captain. The report here, Captain, and starts off at
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0438 hours. So, we're at 4:38 a.m. in the morning. And it states that the East Central Fire and EMS along with
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the New Haven Police were dispatched to a residence. So, they live at 1728 Douglas Lane. That's the home of the
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Davis's. The New Haven dispatch aired that the husband had fallen down the stairs, blood everywhere, and was not
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responding. We have two officers that arrived on the scene. They're on the scene. This is a this is a quick
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response time here. 3 minutes. So, at 4:41, we have police on the scene. The police
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are sent to assist EMS, but they actually arrive on the scene prior to EMS getting to the house.
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>> Right. >> So, the officers, remember there's two of them, say that when they arrived on
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the scene, they met Allison K. Davis. She's standing out by the curb. So, she's out by the street to flag down,
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help, I guess, greet the first responders, presumably to get them to her husband, ASAP. So, she takes them
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inside and the officers say that they observed the husband, who they learn is Kevin Davis. He's at the base of the
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stairwell in a pool of what is presumed to be blood. >> Yeah. And he's laying flat. flat on his
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uh front side, >> laying flat on his belly. They say that his breathing appeared to be agonal.
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Now, I hope that I'm pronouncing that >> correctly. In layman's terms, he had shallow breathing.
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>> Yeah, a gnonal breathing is abnormal gasping or snorting breathing pattern that is common a common sign of severe
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medical emergency, most often cardiac arrest. The East Central Fire and EMS arrived on the scene and started
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performing lifesaving measures to Kevin and transported him to Park View Regional Medical Center. He is listed in
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critical condition. So, the the hospital is approximately 19 minutes from their residence.
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Allison, the wife, reported to one of the officers that she was sleeping downstairs. Remember, it's a two-story
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home. She's sleeping in the ground level. >> Yeah. >> And heard a loud noise and reported that
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Kevin fell down the stairs. >> She also tells the officer that they had an argument before they went to bed.
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That's why she was sleeping downstairs and Kevin was upstairs sleeping, I believe, in their master bedroom with
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his dog. >> The officer would later state that he did not think the injuries were consistent with a fall down the
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stairs. >> Yeah. You see on the body cam footage the officers talking to each other.
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There's two major officers that are at the scene first. And the one officer says, "One, I don't think she's acting
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correctly. She doesn't seem like she's in a panic. You know, I'm telling her that her husband's in critical condition
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and she doesn't seem to be acting appropriate." And the other officer, you can hear on the body cam footage saying,
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"I think she's just in shock and she doesn't know what's going on and she doesn't know how to help her husband.
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That's obviously why she called 911." And I think it's interesting to hear the two
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different perspectives here. So what your what your protocol will be here in this situation, Captain, you get to the
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scene, you get inside, you're assessing the situation. Now immediately you're going to phone in. You want some backup
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because what you need here, regardless of what took place inside of these four walls, you need to get some personnel
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outside that can keep the people that you want to keep outside and not let anybody in. And now us being the two
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officers inside, we we can't do that. It's going to get very difficult for us to do that while we're trying to stay in
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the general area where this man who presumably had fallen down the stairs or so reportedly had fallen down the stairs
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is located. Your next move based off of the suspicions, right, with the one officer saying, "This doesn't look like
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a fall to me. These injuries look strange." With that assessment, your next move is going to be, do I want to
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get a detective here? So, a detective can assess the situation. Well, let's examine this for just a second. Most
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people would assume that if you fall down the steps and it's in a tight area that a big guy like Kevin would be kind
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of folded up, but he's laying flat on his stomach. Also, we have no signs of any kind of fracture to his skull that
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they can see. So, we have a lot of internal bleeding. So, he's bleeding mainly through his mouth and through his
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nose. They're saying, "Well, that looks suspicious because he's laying flat. He's not baldled up at the base of the
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stairs." And then her story doesn't make sense. She's not acting correct in their
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in their mind. But again, we we've gone over this a million times in a million cases. If somebody's too calm, then
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that's suspicious. If they're too dramatic, that's suspicious. So, but I think they're doing the right thing here
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to go, hey, let's let's call a detective and have them come in and examine the scene right now. We're going to take
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Kevin to try to save his life, but we're going to call a detective in to examine
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this scene. >> So, what you're going to have here is you have an on call detective. So, the
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on call detective arrives on the scene at 5:23. Note that is less than one hour after
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the 911 call came in. >> Yeah. >> So, the on call detective is now on the scene. He's meeting with the two
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officers that were already there that are inside the home. Again, this goes along with some of what the captain was
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saying, but also the on call detectives assessment of the situation. He too would say that he did not feel like
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Allison's reaction to the situation was appropriate. Described her behavior as odd.
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And then this is picked up by the body cam footage. At one point Allison was seen laughing with medics. Now, I do
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want to point this out before we go too much further on with with the statement of did not seem concerned about her
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husband's injuries. >> She called 911. >> She called 911. Yes. That it seems like
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she has some good understanding of the injuries, but if a lot of times if you're not seeing like a big gash to the
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head or or something incredibly alarming, you may not understand that person's injury. She's not a doctor.
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>> Well, on top of that, he he drank excessively the night before. So, I've been at many
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parties when I've been younger where somebody drinks a lot and falls and just sleeps where they fell. And you you're
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not going to wake them up. You could hit them with a goddamn train and they're not going to wake up. So, I think she
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saw the blood. She probably heard the shallow breathing. I got to call 911. But part of her story checks out because
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we got a pillow and blanket on the couch. Now, I would argue that a lot of people have pillows and blankets on
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their couch. And how many times do you fall asleep on the couch and then you wake up, especially when you've been
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drinking? Oh, I fell asleep on the couch for a little bit, but now I'm going to go upstairs. But so some of her story
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checks out that there's a pillow and blanket on the couch. So, let's just assume that part of the story is is
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true. As the report states, it says Allison reported that her and Kevin went home around 1 a.m. after drinking at a
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local tavern. Stated that they had some more beers and then they got into an argument. So stating that they had more
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beers once they got home. Then they get into an argument. So she was sleeping downstairs on the couch and Kevin was
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sleeping upstairs in their bedroom. >> Yeah. And this this Kevin guy reminds me of uh somebody here in the garage.
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somebody that likes to keep the party going. And we can see evidence of him drinking. I don't know what their bar
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tab was that night. I don't know if we even have that information, but we what we do have is the I I believe it's the
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patio table that had several empty beer cans. And I think he was probably smoking. And some people smoke all the
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time and some people just smoke when they they're drinking. But he he definitely had a lot to drink that
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night. >> Yes. I I think that gets a little dicey to say and and I've stated that here
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before. I think that is not I don't think that we can count drinks and say 110% this guy was drinking excessively or or
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this person was incredibly drunk. We don't have any video footage or anything. No, I'm not saying he's
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hammered, but what I'm saying is we we do have some photographic evidence of a bunch of empty beer cans. Now, you can
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make an argument maybe some of them there was there was not, but I think as far as the wife's story goes, it makes a
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lot of freaking sense, right? They're at the bar, they're having a good time, they come back, Kevin decides to having
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a couple more drinks to start blasting some music. Nothing wrong with that at all. But sometimes when the wife is
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tired, guess who gets a little annoyed? So the fight wasn't about finances. The fight wasn't about infidelity. The fight
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wasn't about, you know, whatever. It was just simply it's time to settle down now. It's time to go to bed. Like we've
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had a lot of fun. Let's not ruin the night by overdoing it. And that's I I think that's a fight that most people
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have >> according to the one person that is there that can tell you or or make a claim of what was happening,
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>> right? But I but I also think that again I think there's some evidence that her
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that part of the story kind of checks out. >> Allison reported that she then woke up
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to a loud noise and went to investigate and saw Kevin face down. quote, "I honestly thought he was just drunk and
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fell down the stairs." End quote. She reported that she tried to lift him up but could not. All right, so we should
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note here Kevin is 219 lbs on this day. After she figured out that she couldn't lift him up, she and she couldn't move
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him. She says move him over. I'm guessing she's trying to turn him over. >> Yeah. And I think the issue with that is
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if he was in the middle of the family room, maybe she she could get around him. But you can see on the body cam
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footage where the body is laying, where Kevin's laying. And so you go, he fell down. What do I do? I can't even step
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around him to try to get at a better angle to turn him over. And like I said, I mean, you hear you hear shallow
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breathing and you have blood coming out of his nose and mouth. I I think you'd be pretty unless you have some medical
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background, call 911, >> right? And that's what she does here. So, she says, "I couldn't move him over,
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so I called 911." The detective requested permission from Allison. Okay, so we need to paint
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this picture a little bit better here. At this point, they are have are now moving Kevin from the home. They're
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going to be rushing him off to the hospital. She is still outside. Allison is still outside. To which now the
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detective is saying, "Hey, I need permission to search your home. Are you going to allow me to do so?" She says,
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in fact, this is pretty legit. Allison signed a consent to search form for the house and stated, "I want to comply. I
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just want to go see my husband." upon which the officers and detective entered the home and observed where Kevin was
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found at the base of the stairwell from the second floor. At the base of the stairs was a large amount of red stains
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presumed to be blood. The stairwell was steep in nature. However, it was carpeted. At the base of the stairs was
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a tile floor and the front entry door approximately 3 ft from the bottom stair. There was no damage or dents on
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the front door or walls to indicate Kevin fell down the stairs. >> Yeah, but this is a this is a tough
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situation cuz if anybody's fallen down the stairs before, sometimes it just doesn't go how you think it would go. I
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think the other problem here is we don't know when he fell. Again, I I agree with the
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officers. if he hit his head hard enough and and he was concussed or whatever, he'd just be folded up. But we were just
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talking a couple weeks ago about an individual that's cracked on the head so hard, splitting his skull open that the
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other victim at the crime scene thought a gun went off. and that individual was able to pull themselves up and go after
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a passing car to try to get help. So, it's very possible that there is some kind of fall and Kevin tried to get up
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on his own and then couldn't and then collapsed back down on the ground. And the other thing that's very difficult in
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this case, and I don't know why it's not talked about as much, if you watch the initial body cam footage, there is no
00:26:06
blood on the floor underneath the air conditioner. When they show you pictures of the crime scene, quote unquote,
00:26:14
there's tons of blood under there. So, I wonder how does that blood get there? Was the blood draining down? What what
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level was the floor at? painting. You know, was there a slight slant to the floor? Did the EMTs smear some of that
00:26:31
blood because of their their shoes and trying to get to move Kevin? Again, not a a small guy, so you have to move this
00:26:40
individual. So, how much of that extra blood uh spatter and the extra blood at the
00:26:48
crime scene, how much was that created by the EMT and the the police officers? When you say air conditioner, what do
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you mean? >> There's a air conditioning uh AC window unit. >> Okay. Thank you. Because when when you
00:27:04
when I hear air conditioner, I hear out, you know, those are outside. I wanted to
00:27:08
make clear for the listeners that we're talking about an AC unit window rather than thermostat or a vent. But yeah, the
00:27:16
the pictures I've seen, there is blood that is much higher up on the wall and on that front door than I would
00:27:23
anticipate with a fall. However, like you're pointing out and very astutely so there, Captain, is that that blood
00:27:31
transfer could have come from EMS, could have come from Allison, who's trying who
00:27:36
says she tried to assist her husband. It could have spread in any number of ways.
00:27:43
Now, the thing here is >> or he cracks his skull and he stands up and then he falls back down. I mean,
00:27:51
there there's so many unknowns. It's not like everybody that falls down the steps
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falls down the same way. I fell down one time where I I missed the first step and
00:28:03
I skipped about seven damn steps and then went to like the first like kind of turn on the the stairwell. really racked
00:28:13
my arm and my shoulder and really screwed myself up. Luckily, I didn't hit my head in any capacity. But as I'm
00:28:21
pulling myself up, I'm like, how the hell did any of that happen? >> Well, and I think you're you're hitting
00:28:28
on something here that we need to point out if people don't already have an idea
00:28:33
of this. It's like watching the old crash test dummy videos. They can crash that car a hundred different times in
00:28:43
the same head-on manner at the same speed and you see those crash test dummies react differently over the
00:28:52
course of of those tests. They don't always they don't always fly or fall in the same way in the same direction. I
00:29:01
don't love this idea here because I don't think this this is it's not even that I don't think I know that this is
00:29:09
not an exact science. If I throw a crash test dummy down my set of stairs right now over and over again, sometimes it's
00:29:16
going to tumble. Sometimes it's going to bounce off the walls. Sometimes it's going to land flat on the floor below
00:29:23
and other times it might hit the wall or door below. The thing here though is what the detective and the responding
00:29:32
officers are seeing is that regardless of how they occurred, the blood is telling you that there is some type of
00:29:42
severe internal injury to this man. So that would imply that is it was either the fall or some type of blunt force
00:29:52
trauma to this man. So, while you are the detective and you are searching the home and you're looking at
00:30:01
the situation and assessing the blood evidence and looking at the stairs and the other officer is telling you, "This
00:30:09
doesn't seem right." You're going, "Okay, well, if he didn't fall down the stairs, then that means that there is
00:30:17
some type of object in this home that caused the blunt force injury to this man." And the detective is saying, "I
00:30:26
was granted permission to search the home. I did not find any such weapon that would be responsible for the blunt force
00:30:36
trauma." However, it is pointed out that the detective did not search the master
00:30:43
bedroom that night, and that is because Allison stated that her dog was locked in the master bedroom and did not want
00:30:52
the detective to enter that room at that time with the dog. [Music] You come back to me.
00:31:23
[Music] All right, we are back. Cheers, mates. To the windows, to the walls, tall cans
00:31:36
in the air. >> Cheers to everybody out there joining us in the garage once again. We hope you
00:31:41
had a wonderful Thanksgiving and happy holidays to you all. >> Yeah, but let me correct you. I I don't
00:31:48
think there's any evidence that the wife Allison was trying to stop them from going into that room. I mean, she signed
00:31:56
permission to search the house, search my car, search the property, and it was just, "Hey, my dog is in there, and my
00:32:03
dog will growl at uh at strangers." It was the detective's decision to not go into that room.
00:32:12
>> You're not wrong, but I don't know that I need correcting because here's the problem. while she signs a consent form.
00:32:20
Okay. I can't tell you what that did. She make a notation on that form. Do you know that? I don't know that. We've not
00:32:27
seen that form. She could have wrote on there. You can't go into the master bedroom. Now,
00:32:32
>> no, but she didn't do that. And and how do I >> Well, again, you state Wait, how do you
00:32:37
know that? >> I know that because the lead detective, which is now the sheriff or the chief of
00:32:44
police, >> the police chief? >> Yeah. He stated, "I didn't go into that room. I could have went into that room.
00:32:50
I regret not going into that room." Telling us that that was his decision. And look,
00:32:56
>> no, no, no, no. Hang on. Hang on. Again, we've not seen the form. We cannot confirm that she didn't make a notation.
00:33:04
What we can say from the report that that made it, this is factual information here. Mhm.
00:33:12
>> The detective says, "I did not search the master bedroom at this time." As Allison stated, her dog was locked in
00:33:21
that room and did not want the detective to enter that room at this time with the
00:33:28
dog. The homeowner is telling the detective on body cam footage, I do not want you to go into that room. So, here
00:33:38
becomes the problem for the detective. Yes, the detective could say, "Hey, I wish I would have gone in that room."
00:33:44
The problem is if you end up in court, that whatever you find in that room gets tossed because you have the homeowner on
00:33:52
video camera footage saying, "I don't want you to go in that room." So, while I am signing over consent to search the
00:33:59
property, I'm not giving consent to search that room. Now, she's not actually saying those exact words,
00:34:06
right? She's not saying I mean, it's it may not be written on the form. Don't search that room. But
00:34:12
>> I'm telling you, man, you search that room and you find something incriminating, it's getting tossed.
00:34:17
>> Yeah. But the other problem, too, is that they basically can get a search warrant for the next day and and don't
00:34:24
we know where the wife is. She's at the husband's side at the hospital. And so, they could have went in and they could
00:34:32
have double checked their work and they they chose not to. >> Again, you can't just get a search
00:34:38
warrant. You have to have a judge sign off on that. >> Yeah. But we at this time we have a wife
00:34:42
that's being cooperative with this investigation. And I commend them instead of just
00:34:49
going, "Hey, this kind of looks like an accident. She's telling us this story. Let's just go with this." I think they
00:34:57
did the right thing. Like our our good friend Cheryl told us, right? Act as if it's a homicide until you prove it's
00:35:06
not. >> That's what we've always said here. And that's what it appears that they're
00:35:09
doing. What I'm pointing out is they don't have consent to enter that room. They don't have lawful the lawful
00:35:16
ability to enter that room at the time. Where the mistake was made was that they
00:35:21
didn't secure the home. That's where the mistake was made. We can't guarantee that they would have got a search
00:35:27
warrant for the following day that would have guaranteed them access to that master bedroom.
00:35:32
>> Yeah. Again, if you have somebody that's cooperating with the investigation, why
00:35:36
not get consent to go back into the property? If if there's a room that somebody's telling me not to go into,
00:35:43
you better believe I'm going to keep going back to the scene until they tell me not to go back. Absolutely.
00:35:49
>> And then I can make a point, right? And then I can make a point in the court room to say, "Oh, by the way, yeah, she
00:35:56
gave us consent, but not to the master bedroom." which is which is the case which is is still the case
00:36:03
>> right but again if I can go back if I'm being if somebody's being cooperative
00:36:08
and I can go back time and time again but time and time again I don't get access to that room because of that
00:36:14
individual I can make that part of my you know circumstantial evidence at the case but they didn't go back time and
00:36:23
time again and they and they made mistakes and how do I know that they made mistakes because the lead detective
00:36:29
has said, "I made mistakes and that's on me." >> Right. And his exact words were that the
00:36:34
mistake was that we didn't secure that scene. >> Yeah. >> And and I agree agree 100% with what he
00:36:41
says. I agree 100% with what you're saying as well. >> Yeah. And I feel bad for him. And And
00:36:46
the reason why I feel bad for him is cuz I think they were kind of on the fence.
00:36:51
You got two officers, one saying she's acting funny, the other one's going I don't know if she is or not. That's I
00:36:57
mean all all these things are so hard to to figure out, right? Like we don't we don't know this individual personally.
00:37:04
We don't know how she would react or how she wouldn't react. But I think the fact
00:37:08
that they're like, "Okay, now we're going to investigate it as if it's a homicide." But they were kind of on the
00:37:14
fence about it. And I think that's where they messed up royally. And I feel bad for the detective because he knows that.
00:37:22
he's admitting to that and he's going to have to live with that those decisions.
00:37:27
And again, I think it's just cuz he was just kind of on the fence instead of just going like like what we've said a
00:37:33
million times and what we've heard from all the experts. Don't halfass it. Don't
00:37:37
be on the fence. Investigate it hard as a homicide until it you you rule that out as a possibility. As you can tell,
00:37:45
this case works me out. Well, but also the problem is it's it's when you when the whatever
00:37:52
I don't know what time they left that day, but you have to keep in mind the man that was removed from the house is
00:37:59
still alive for a period of time. You're not removing a a body from the home. You're removing a man that you're hoping
00:38:05
to save his life, >> which that in itself contaminates the crime scene. >> Definition of homicide, it cannot be if
00:38:12
the man is still alive. >> Exactly. >> Let's continue on. I think we're we're we're leapfrogging too far into the
00:38:20
story here for those that are unfamiliar. Now, sadly, Kevin Davis is pronounced deceased, but this is not until 107
00:38:31
on the 12th. So, this would be 12 hours after they left the bar. And this would be what about 8 hours after he was
00:38:41
removed from the home. A little less than 8 hours after he was removed from the home. Yeah, this gets a little
00:38:46
complicated because he is pronounced brain dead and then the the tough thing here is he's an organ donor. So you have
00:38:54
a a smaller window to to figure out all these mo moving pieces, right? >> Yes, that that is true. He's pronounced
00:39:05
deceased at 10:07 p.m. on August 12th. The ER staff at Parkview had concerns about his
00:39:14
injuries. The ER staff indicated that the injuries did not seem consistent with a fall down the stairs. An autopsy
00:39:23
of Kevin Davis's body was completed by Dr. Wagner at the Northeast Indiana Forensic Center on August 15th, 2023.
00:39:34
So here here's where your problem is with this investigation or with this story. It's not a homicide until it's
00:39:41
ruled a homicide by somebody that has the authority to do so. You heard the dates. He's pronounced dead on the 12th.
00:39:49
The autopsy took place on the 15th. You now have 3 days where the scene is not secured.
00:39:58
And I agree with you. We said it before Cheryl McCollum ever came on the show many, many times. You investigate it as
00:40:05
a homicide until you prove that it's not. The problem here is it's not a homicide until 3 days after the guy
00:40:15
died and was removed from the scene. >> Right. >> So, after completion of this autopsy,
00:40:21
Dr. Wagner found that the right side of Kevin's skull was crushed and had a depression in which a hit to the head by
00:40:29
a blunt object would cause the depression. Dr. Wagner stated the injury would not have come from a fall down a
00:40:38
stairwell. The injury was not consistent with Allison's statement and they ordered further investigation. Dr.
00:40:47
Wagner stated that this type of injury was, as you said here, Captain, he was brain dead upon impact when shown when
00:40:56
the doctor was shown a picture. So they they they took that body cam footage of the responding officers and they created
00:41:03
stills of what was on th those cameras on that footage, >> right? >> Showed them to the doctor who performed
00:41:10
the autopsy. And the the doctor says these pictures say it all. That Kevin was hit in the exact same spot where he
00:41:20
was found lying, explaining to the detective that Kevin would have taken a hit to his head, then collapsed in the
00:41:28
spot where he was found. He would not have been capable of walking around after the hit. So, the Allen County
00:41:35
Coroner's Office ruled the cause of death as blunt force trauma of the head and the manner of death as a homicide.
00:41:44
>> If I'm correct that this autopsy is saying that there's not just one hit to one side of the the skull, but there's
00:41:52
actually uh multiple hits on multiple sides. >> The ER doctor, so this is a different
00:41:59
doctor than the Dr. Wagner who performed the autopsy. Okay. So, this is the emergency room doctor that is there
00:42:06
trying to save Kevin's life when he arrives at the ER. She states that Kevin's injuries are quote very
00:42:17
unusual. This is Dr. Pentinger stated Kevin's injuries were not consistent with a fall down a stairwell and felt
00:42:24
the need to report. The doctor stated that the injuries were isolated to the head,
00:42:33
multiple skull fractures, and orbital fractures. The good doctor also stated that she was not clear on how soon
00:42:41
medical treatment was provided to Kevin and said that he had profound brain injury. Okay. So, a profound anoxic
00:42:52
brain injury and the his core body temperature was down as he was hypothermic. Okay. So, what this means here is that
00:43:06
this is going to be a severe lack of oxygen to his brain. Okay. Which which would cause him to be brain dead. So
00:43:14
Kevin had such a lack of oxygen in his brain that he had been brain dead for a period of time, possibly hours. Okay,
00:43:24
follow along here. So remember Allison stated when she heard the fall, the thud, she called 911 immediately at 4:38
00:43:34
that morning. EMS arrives at 4:44. So 3 minutes after 4:38, police are on the scene. Three minutes after police
00:43:44
are on on the scene, EMS is there and the doctor at the ER stated in their report that when Kevin arrived, he had a
00:43:52
breathing tube. He arrived with a breathing tube which would have provided oxygen to Kevin's body. And so what the
00:44:01
doctor is simply stating here is if everything happened as said, she calls immediately after the thud. We assume
00:44:12
the thud was Kevin hitting the floor, falling down the stairs. Within 6 minutes of her 911 call, EMS are there
00:44:20
and very quickly providing oxygen to Kevin Davis. This should have prevented him from or
00:44:31
slowed him from going brain dead. What the ER doctor is saying, remember 19-minute drive from the house to
00:44:39
hospital, but breathing tube already inserted, the good doctor is saying here, he could have lied there for a
00:44:48
considerable amount of time before that breathing tube, before that oxygen was being administered to his body.
00:44:55
>> And this is a tough thing because I think this is something that points to Allison's story not making much sense.
00:45:02
It's like it makes somewhat sense, but the time frame could be way off. But it makes you wonder too, how much did she
00:45:10
have to drink? What state was she in? Because you ever have those moments you you wake up, it's 7:00 in the morning
00:45:17
and you check your phone and you're scrolling on your phone, you're kind of up for about 10 minutes and then all of
00:45:24
a sudden you just kind of pass back out and you wake up again. It's 9 something.
00:45:30
Is it? I mean, she doesn't say any of that in her story. She says, "I I heard a noise. I woke up, found my husband,
00:45:40
called 911." But that doesn't make sense with the science. >> Dr. Pentinger stated this timeline was
00:45:48
not possible and care was not provided as reported and goes on to state that she has had drowning victims with more
00:45:57
oxygen in their brain. Dr. Pintinger stated she has 13 years of trauma experience.
00:46:05
[Music] All right, so much more to get to. Stick around for part two. Until then, be
00:46:20
good, be kind, and don't litter. [Music] [Applause] [Music]