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you are, whatever you're doing, thanks for listening. I'm your host, Nick. And with me as always is a guy who's like
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gold teeth, gray goose, tripping in the bathroom. Here is [music] the captain. >> Party on, Wayne. It's good to be seen
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and good to see you. Thanks for listening. Thanks for telling a friend. >> Today, we are still sipping on some
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>> And a big we like to jib and tall hand cans in there to an in and Aurora, Illinois.
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week's beer fund and for that we thank you. >> Yeah. BWR in beer run. Check out True
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Crime Garage. Check out the [music] merch store. Treat yourself. And Colonel, that's enough of the business.
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All right, everybody. Gather around, grab a chair, grab a beer. Let's [music] talk some true crime.
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>> [music] >> When we [music] closed the garage door at the end of yesterday, Captain there,
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we had unfortunately announced that Kevin Davis was pronounced dead. The autopsy led to a homicide investigation.
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You and I buted heads on a few different aspects of that investigation, but ultimately what this is going to lead to
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will be a homicide investigation that will result in charging an individual with that homicide.
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>> Well, just to be clear, we have officers at the scene a little suspicious. We
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have detectives at the scene a little suspicious. Then we have two different medical workers at the hospital where he
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passes away. They're suspicious and also the individual that does the autopsy. So
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that's a lot of people suspicious that this is not just an accident. Yeah, this is uh going to be a very difficult one
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and already has been for all the reasons uh you pointed out because for every one
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of those suspicions there is a counterpoint to that where somebody will say well no pump the brakes a little bit
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not so suspicious but exactly you're exactly right you have at least one of the EMS workers on the scene saying this
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isn't looking right to me one of the police officers says so much So that this isn't looking right to him, that
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I'm going to call in a detective. And we have the ER doctor along with the doctor
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that performed the autopsy, the coroner who performed the autopsy ruling this ultimately ruling this a
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homicide. So somebody killed Kevin Davis according to that coroner. Let's talk about and I know we kind of dipped our
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toes into these waters yesterday, but let's talk a bit about the evidence that is supportive of Allison's story. Right?
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We do know Kevin was drinking that night. That is the consensus report. We have people at the bar saying he was
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drinking that night. We have Allison saying, "When we got home, we both had a few more beers. We got into an argument.
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When the police arrive, they see beer cans present. Open and empty beer cans present. So that would back up parts of
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her story. She says, "I fell asleep on the couch after this argument." The argument being over Kevin was blasting
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some music. She wasn't into it that night. He wanted to hang out. She wanted to go to bed. She decides to sleep on
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the couch. And as you pointed out, Captain, rightfully so, pillow, blanket, indicator that somebody may have been
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sleeping on that couch, as she had said. Now, the suspicions, >> yeah, >> we have the 911 call. When reviewing
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this, I've said it before. I don't feel like >> Say it again, my friend. >> I'm going to say it again.
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>> Say it again. >> There's Because there's going to be somebody that's tuning in for the first
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time. I don't know where you've been all this time, my friend, but welcome to the
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garage. >> You look well. >> I don't I do not look I'm not a man of many talents, okay? But one thing that I
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am very good at. >> I'm a man who understand recognizes understands and not I'm not afraid to
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present to you that I know my limitations and I know what those limitations are. And one limitation I
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believe that I have, I don't believe I'm a good barometer for listening to a 911
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call and saying, "Yeah, that person's guilty as hell." Or, "Yes, they are absolutely innocent."
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>> Well, let me just back that up a little bit, though, too, because there's some
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calls that you hear and you kind of smell the [ __ ] >> There's some that are more obvious than
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others. Yes. >> Right. But that is then normally backed up by other evidence to make you smell
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the [ __ ] right? But when when there isn't a bunch of evidence, like in this case, we we have no murder weapon if
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there was a murder. But this call, just listening to it, I go, I I can't make heads or tails because again, if you're
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over dramatic, then you're guilty. If you're under dramatic, you're guilty. And so I think that's um I I don't think
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this 911 I don't think this 911 call to me points in either direction. >> It feels right down the middle to me.
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Now I will say the lead detective in charge, the So this would be the on call detective that night who eventually goes
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on to become the police chief. His statement is he believes what the way it hits his ears. He says, "This sounds
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rehearsed. >> Sounds like she's an actor." >> That Allison wanted to listen to what
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the 911 dispatcher had to say and then she went into her whole rehearsal. We should give a shout out here to CBS.
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They did cover this on 48 hours in an episode that they called Death in a Stairwell. I believe on that episode,
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this detective says it was all about Allison. If you listen to her words, it's all about her. It's not hurry up
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and get here. Oh my god, he's dying. Please get here as soon as possible. Now, I'll agree with Detective Krueger
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here >> because that's at times when I've defended persons making these 911 calls.
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And the one thing that does grab me and shake me a bit when I don't hear it and I want to say h it sounds suspicious.
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It's always when there is a lack of urgency to get the help there to help the person that you are calling about.
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The flip of that is there are plenty of episodes 911 calls that we've done where
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the person is like get here. Get here I need you just you know shut up. you know, or they're not able to to relay
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great information, but they're trying to get help to this individual as immediately as possible. I agree with
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Krueger here. I at no time during that 911 call did I hear her. She sounds panicky, right? She sounds panicky.
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She's explaining what's happened. She says where they live, where the the responders need to go. She's at the curb
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to flag them down, but what's missing is the words of, "Oh, get here quick. Where
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are they? Where are they?" Now, the flip of that would be the response time, as we pointed out, was very quick. 3
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minutes from the time that the call comes in. >> Yeah, I think it's also difficult, too,
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because we do see somewhat of the scene through the body cam footage, but it's also they blur out certain things. So to
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me, depending on what that scene looks like would heighten if somebody's going to be more panicky or not. To me, again,
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it's blurry, so I can't fully digest the situation, but I'd say the scene doesn't
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look like this chaotic mess where that where she might have gone, I think my husband hurt himself. I can't move him.
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I can't help him. But maybe she didn't feel like it was a a life or death situation because there is no, and
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everybody says this, the EMTs say it, the the detectives say it, the police officers say it, there's no like sign of
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like crazy blunt force trauma to his head at the scene. >> Correct. which is interesting to me
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because that would to me that would be indicative of a fall with with him impacting
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an object that is not in motion. It would also but it also can be an indicator that he was struck with
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something if he was struck in a certain manner >> or depending on what the object was. He
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what is obvious at the scene is he's got internal bleeding and we know that because it's being forced out of his
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there's no nice way of saying this nose and mouth. >> Yeah. >> And even though his breathing is is
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faint is not very good at all those breaths especially um when he first fell whether it be from being struck by
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something and falling to the floor or falling down those steps those first few breaths are actually going to be very
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powerful. Okay. And they are going to shoot. That blood is going to It's like when you take, you know, when you kink a
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hose and you let it kind of build up, the pressure build up for a little bit and then you release it and then it's it
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just it burst out. That's what you're going to get with those first couple of breaths. You're going to get blood that
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bursts out of the nose and mouth and then that's going to get weaker and weaker as he is laying there.
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>> Yeah. I think the other problem too is like when they talk about the lack of oxygen that Kevin had, a lot of that is
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going to be due to again no nice way to say this, he's choking on his own blood.
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So that's going to affect your oxygen levels. So I kind of go through these items one at a time here and it's not a
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long list that we have to get through, but I think we have to examine each one. And some of these I think are suggestive
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that she's telling the truth and some are suggestive that she may not be telling us exactly what happened there
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in that home that night. We mentioned the beer cans. We mentioned that he we know he was drinking that night at the
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bar. So the part of her story where he might have been drunk and fell down the steps. I don't know what happened. I was
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sleeping. That seems to make some sense here. >> Right. Krueger says the 911 call
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suspicious. I didn't hear it other than the begging for them to get here faster or get this help here immediately.
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>> Yeah, I think we both agree that could go either way. >> Correct. I think something that could go
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either way here as well are the next two suspicions that law enforcement had. They point out that at no time did
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Allison ask to go to the hospital with her husband. Okay, so ambulance is going to take him, rush him off to the
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hospital, 19minute drive to get him to the hospital to the ER. They're saying, you know, it seems odd that she didn't
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ask to go to the hospital with him. Well, cuz some people try to jump in the back of the ambulance. But this is where
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I think it's a little gray area because we have the statements of Yeah, I'll give you permission to look through my
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house, but I would like to get to the hospital. >> Thank you. Thank you. I I'm with you
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exactly there. She her words and and these are in quotations in the report that was submitted to to the courts. So
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there's no argument here about what she said, right? This this will be presented
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as fact at some point. And her words were, "I want to comply." This is according to the detectives. "I want to
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comply." >> Yes. >> I want to get to the hospital to be with my husband. Now, I'm going to defend
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Allison here. Not just because of the words that made it to the report, but unfortunately, I've been in a few
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emergency situations. A lot of a lot of us have. And in that moment when the ambulance is
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rushing somebody off to the hospital very close to me, immediate family, I can recall at least twice being asked if
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two separate occasions being asked by one of the first responders, hey, do you want to ride in the ambulance? And every
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single time, dude, I tell you, like my my reaction, like my my gut reaction is to go, yes. But then both times You like
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the lights? >> I want to get to that pure oxygen that they got in there. >> Give me a hit of that.
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>> My gut actually is to be with my loved one. >> But see, >> I don't want to go in there because I'm
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a little gassy. So, I don't want It's >> Well, then they don't want to be in there either.
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>> It's a tight quarters, you know? >> Well, that's what I'm saying. Every time I
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>> give them a little of my own oxygen. You know what I'm saying? >> Methane gas. Every time in both
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situations, my gut reaction is to say yes and then my eyeballs see the back of that ambulance and how, as you pointed
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out, how tight it is. And here's here's what I want. >> Here's what I want in that scenario. I
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want those two persons in the back or the single person in the back of the ambulance, whatever the setup is, to be
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hyperfocused on my loved one without my big ass being in their way. Not that they would do this, but you don't want
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something bad to happen. And then for the uh EMTs or the EMS or whatever you want to call them to the emergency
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response people, you don't want them to hesitate at all to do whatever is necessary to save that person just
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because you're in the vehicle. >> Well, that that's exactly what I'm saying. I I want them to focus on the
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problem at hand and they are equipped to fix that problem. I am not. So I I am it
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is probably better for everyone that I am not there. >> Yeah. >> I'm going to hop in a car and go to the
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hospital. So I have no problem with her never asking to go to the hospital with him. And and then on top of that, let's
00:17:04
also compound that with you only want to cram so many people into that clown car
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that's going off to the hospital trying to save this guy's life. And I'm being the I'm being an ass hat here saying
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clown car, but that it feels like you're jamming a bunch of people into a small vehicle. Now, the other part of that too
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is keep in mind what's going on at the scene at the time. She is engaging in conversation
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with a detective with the officers. You can start to see neighbors and stuff have come outside of their homes. She in
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that moment may feel I still need to be here to provide information to these individuals. A lot of times too people
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don't know, civilians do not know that once in the presence of an officer that they are free to leave unless they are
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under arrest. Right. >> Some people believe you you we see this time and time again where they'll ask
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the officer if I is it okay if I leave or or can I leave now because it's like being called down to the principal's
00:18:07
office. You you don't just get up and walk out of the chair. You you wait to be excused. So I think there's too much
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going on here at that scene to really put any weight into this idea of she never asked to go to the hospital now.
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>> But also she she woke up. She's in basically her pajamas, what she was sleeping in, little tiny shorts and a
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t-shirt. It's not unreasonable that again, she might not know how severe the situation is with her husband and she's
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like, "Boy, I'd like to get some jeans on and a and a hoodie and and go down there so I so I feel comfortable."
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>> Well, that is my next point. They say it's suspicious that she seemed to minimize Kevin's injuries. Again, we
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pointed out prior she may not have had a good understanding of what those injuries were. She also may have been of
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the belief that once medical personnel get here, >> they'll be able they'll be able to fix
00:19:06
them. They'll put Humpty Dumpty back together again. So, I I can't put any weight into any of these. I mean, it
00:19:14
would be different if they're like, "Hey, you want to go to the hospital?" Nobody I I didn't never heard anybody
00:19:19
ask her if she wanted to go to the hospital. be different if they, hey, you want to jump in the ambulance? And she's
00:19:23
like, yeah, why would why would I want to do that? I'm not going with him. That's not what happened here. They're
00:19:28
just analyzing something that I don't think needs to be analyzed. Now, what were other people's suspicions, right?
00:19:34
Let's let's set aside police, the detective, for a moment. Most, very close to everyone,
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>> yes, >> at that bar has been supportive of Allison. And now, that's just really a
00:19:46
character assessment, right? None of them were there at the home obviously. >> Yeah. But they saw their interaction
00:19:53
many times together. And so you got friends there. But you you have close family members. You got people at the
00:19:59
bar. Like you said, almost 100% are saying she's not capable of doing this. They were not that type of couple. Sure,
00:20:08
they have arguments. Everybody has arguments. But there was no domestic violence. You got to remember, too, she
00:20:13
has no criminal history. We have no history of domestic violence with inside the relationship. And so some of the
00:20:22
people that go to that bar later because of their arrest and all that stuff, there's some some people are suspicious
00:20:30
of her, but for the most part, everybody in their close circle is supportive that
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this was an accident and Allison had nothing to do with it. >> Yeah. So almost everybody at the bar and
00:20:41
and again like the captain's pointing out, don't just look at it as everybody at the bar that night. No, it's
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everybody at the bar that night. And it's also these people have been they've interacted with this couple many, many
00:20:53
times. So almost everyone at the bar that they talked to says Allison's great. Their relationship was good.
00:20:59
They're a normal couple. No problems that we ever heard of, ever saw. With the exception of maybe two guys, right?
00:21:07
two of the guys that were sitting with Kevin that night. And where this comes about is one of the individuals says,
00:21:14
"Hey, after Kevin left, we traded a couple text messages." And it's not uncommon. He says, "That's not uncommon,
00:21:22
but the last text message I get from Kevin says, "Putting my phone on silence, the wife, or I have to put my
00:21:30
phone on silence, the wife." >> Right? But again, these text messages to me back up Allison's story. I mean, he's
00:21:38
saying, "Hey, yeah, we made it home. We're fine. Uh, I'm just listening to some music. I'm just having some more
00:21:44
drinks." And then he's like, "Hey, look, I'm going to put my phone on silence. I'm going to go to bed cuz the wife
00:21:49
>> or the argument that she said there that we're having, >> right? And the argument was stop playing
00:21:54
music. Go to bed. You know, you know, let's let's be adults here." And so I think those text messages, if those text
00:22:02
messages were sent by Kevin, then that kind of backs up her story. >> It may. Again, we only have one of the
00:22:11
persons out of that party here to tell us. You know what I mean? It's like the the argument could have been about
00:22:17
music, >> right? >> That's what Allison says. We don't get to hear Kevin's side of that. Maybe
00:22:23
there was no music involved at all. Maybe the argument was about something completely different. I also don't think
00:22:30
that that text is descriptive enough for us to have a great idea of what's going
00:22:35
on. It, like I said, it's a tight rope, right? >> Yeah. I think this this piece of
00:22:41
evidence is really nothing. Just this this is middle of the road. Doesn't point one way or
00:22:48
the other. Mhm. With with one side you could fall on guilt and the other side you could fall on perfectly innocent.
00:22:55
And I don't see anything here that I find to be extremely alarming. We do have Kevin's mother who did say to the
00:23:05
detective that they were having marital problems. Now, I also want to follow that up with everyone else that they
00:23:13
talked to didn't they didn't say recognize any marital problems at all. Right. >> So, it's only Kevin's mother that says
00:23:20
that. We do have another member of Kevin's family who tells police that Allison gave a different story
00:23:34
to them than what they told. Yeah. I believe it was the mother. They She says, "I was asleep on the couch when
00:23:42
she heard Kevin fall." And when she told Kevin's mother, she said, that they were
00:23:48
both upstairs asleep in the master bedroom. So, but again, it's like, is that individual telling the truth? Are
00:23:56
they misremembering the conversation? I mean, how many times have you told somebody a story and then you hear them
00:24:02
tell the story later and you're like, that's 50% of what I told you. Or are you just making up these details
00:24:11
because I didn't say that? >> Yeah. So in actually the the story that the mother gives to the detective is
00:24:20
very very different um from Allison's story. So according to Kevin's mother, what she tells detectives is she was
00:24:31
told by Allison that Kevin was not drinking that night. She doesn't mention the bar. She says Kevin wasn't drinking
00:24:37
that night. that they were to sleeping together in the same room and Kevin got up to get a glass of water and fell down
00:24:45
the steps. That's the story that the mother gives. It's Kevin's brother who gives
00:24:53
a story very very similar to to the one that you just passed along. which then if we are to believe
00:25:02
Kevin's mother and the brother, which I guess I have no reason not to, but then that would put us at three different
00:25:10
stories here as to what happened that night. And again, I agree with the detective in this case by saying, well,
00:25:17
Allison is minimizing certain things. Is this part of the minimizing? you know, oh, we weren't really drinking or was
00:25:26
that just a way to cover for, you know, her her late husband? Did she just not want to talk bad about him? Who knows?
00:25:34
And again, I don't mean to go out of my way to discredit the mother or the brother here, but I I will back I I want
00:25:41
to include this here. I take it with a grain of salt because what happens here is the coroner says this is a homicide.
00:25:50
Mom and brother could be swayed emotionally for a million different reasons. Those stories are very
00:25:57
different. I don't know if those are the stories that Allison in fact told them.
00:26:02
I can't say one way or the other. The story that I give more weight to is the story that according to the EMS report
00:26:16
stated by one of the medics. So, we have a medic helping on the scene and this EMS personnel
00:26:26
says that quote, "Wife advises that she never heard anything and that it had been a while since she had seen her
00:26:36
husband." She further advises that he came home from the bar at approximately 100 a.m. that morning and that might be
00:26:44
the last time she had seen him. She states that Kevin had no medical history. End quote.
00:26:53
>> That's fishy. >> It's very fishy, but it's also, isn't it? It's very like vague and it's very
00:26:59
short. Like, I wanted a little bit more. Like, what what do you do? You know what
00:27:04
she meant or what do you think she meant by that may have been the last time she
00:27:10
saw him? Because if if that's if that statement is 100% factual, what that means is that argument that she told to
00:27:19
the detective and told to the police officers when they arrived on the scene, according to that statement, that
00:27:24
argument never happened. >> Yeah. And the problem is is the first responders and the detectives,
00:27:32
they they don't know her personally. We have other friends. We have her best friend. We have her father explaining
00:27:41
that she seemed out of it. She wasn't super emotional, but she just seemed way off of the the way she normally was
00:27:51
because of all the stuff going on with her husband. And so I I put some weight to that because where they go, "Oh,
00:27:59
well, she's not reacting the way she should. Maybe she just simply was closing off like one of the officers
00:28:08
claims. One of the officers says on the body cam, I think she's just in shock and doesn't
00:28:15
know what's going on. And if somebody's in shock and saw their husband laying on
00:28:20
the ground, she can't help him. She calls 911. This is a freaking nightmare. How the How How is she sus? How is she?
00:28:30
We can't determine how she's supposed to act. >> True. I agree. I do. If if that again
00:28:37
though, if that statement from the medic is [music] 100%, she looks very, very guilty to me.
00:28:51
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00:31:16
Talk hands in the air. Cheers [music] to you, Colonel. >> Cheers to you, Captain.
00:31:22
>> This is going to further complicate things because it is not until I believe it was in so the fall takes
00:31:32
place in August, October 17th, 2023. I want to say that it took two months for them to rule it as um rule it
00:31:44
officially a homicide and then it took another two months before she was actually charged.
00:31:50
>> Yeah. So I I think this this is the problem part where I'm I'm questioning the information, but I I believe that
00:31:58
it's accurate. It just seems strange. It seems a bit strange here. So now keep in mind they're not talking to the
00:32:08
detectives never talked to Kevin's mother until September, right? And the fall or the murder, whichever side you
00:32:17
you believe, took place in August. So we know that the coroner did rule it to be
00:32:25
a homicide. And I would have to believe that that would be shortly after conducting the autopsy. So very likely
00:32:32
it's it's it goes to a homicide within let's say a week. Then they're talking to collecting more information. It's my
00:32:42
notes say October 17th, 2023 made it an official homicide and then there wasn't a warrant for an
00:32:52
arrest until December 22nd, 2023. And >> yeah, >> Allison would as soon as they announced
00:32:59
the warrant for her arrest, she turns herself in. >> Yeah. >> Then we have more delay. Now, I'm not
00:33:07
going I I had an issue with this, but I but as I sit here now in front of you, Captain, here in the garage, I I don't
00:33:15
feel so strongly about this opinion. I before I was She sits in jail for 17 months before the trial starts.
00:33:23
>> Yeah. And that irked me to no end prior to my arrival here at the garage. Now
00:33:29
that I sit here in the moment, I can say I should point out this could be at the
00:33:36
request of her defense. >> Yeah, cuz you know the state already has some experts. So the defense is going to
00:33:42
have to get their expert. He's going to have to spend time coming up with his findings.
00:33:49
>> Mhm. And then obviously then the question becomes how many experts did they have to go to to get somebody that
00:33:57
disagreed with the state's findings? I don't know that and would never be I think privy to that information. But she
00:34:05
goes on trial. I don't think the trial lasted that long. >> Here was the other problem that I had
00:34:10
with this this case was I was a little shocked that they took it to trial. Yeah.
00:34:16
>> Because to me, here's what it felt like, right? You you have no murder weapon.
00:34:20
>> No murder weapon. You have no official motive. >> You have no witness saying that she
00:34:26
attacked him. >> You don't really have any buddy coming out of the woodwork saying, "Well, she
00:34:31
had an affair or she had this." I mean, she had to turn over their phones. They didn't find anything suspicious there.
00:34:39
And and nowadays with social media and people feeling lonely and wanting a little attention there there's no
00:34:47
mention of that. And so it the difficult thing here is you go well this just doesn't look like a fall down the steps
00:34:58
and we didn't collect the necessary evidence but we're going to take it to trial anyways. And I think there were
00:35:05
just the problem here is when you have one expert saying well this is a homicide and you have another expert
00:35:11
saying no not so fast this is a fall and one can explain it better than the other
00:35:18
that's how you're going to get your verdict from the jury I believe and what we've heard and this probably starts way
00:35:24
back before OJ but you watch a bunch of OJ documentaries they tell you the prosecution is going to tell a story and
00:35:33
it's our job to tell a better story. And I think that's what this defense team does in the case. But I also think the
00:35:40
problem with the investigators and the prosecution is they couldn't tell you a complete story. They told you a very
00:35:48
vague story. Well, we think maybe this happened. We think maybe she hit him with a bat or a kettle bell or some
00:35:57
other object. We don't have that object. That object doesn't exist. So, I think this
00:36:03
>> or if it did or if it does, we never found it and we don't have it here in court to show you today.
00:36:08
>> Yeah. And I agree with you. Like I could see this one just going, "We don't have
00:36:12
enough evidence. Let's just not pursue this because if you pursue it with less evidence and you lose, it's done. It's
00:36:22
done. You can't charge her again." >> Mhm. When looking at this and examining this, this one feels
00:36:30
a little bit like the game of clue to me, right? It was Mrs. Davis in the foyer with the candlestick and then you
00:36:38
have to reach into the envelope and see if you got it right. It's it's almost like a Hail Mary shot.
00:36:46
But I think the reason why you pursue >> the murder charges and do take it to trial is simply this. The the your
00:36:58
medical examiner, your coroner ruled this a homicide. Therefore, as far as the state of Indiana is concerned, this
00:37:08
was a murder. Every person statement of that night is there were two people in that house,
00:37:17
including Allison's statement, right? >> Two people in that house, one of them was murdered, one of them was not. Who's
00:37:24
your killer? I could have solved this one with the first episode, right? If that is true, if he was in fact murdered
00:37:31
and everybody including her is saying there were two people in the home, one was murdered, one was not, well then
00:37:37
it's the last man standing that is your killer. So I think they were really hanging their hat on that fact. Our
00:37:48
expert says this man was murdered. She's the only one in the home. It's an easy case. We wish we had more evidence to
00:37:55
present to you, but we don't. And we don't have that evidence because we didn't secure the scene. And then we
00:38:02
allowed Allison's father to go into that home at some point that morning in which
00:38:10
the father says, "I let the dog out. Willow, the dog had been cooped up in that master bedroom. The dog needed to
00:38:18
be let out, need to be fed. I'm a dog lover. You're not going to hear any arguments from me." He says, "While I'm
00:38:25
there, I cleaned up some of the blood, but we asked for permission to do so." >> Yeah.
00:38:30
>> The detective said, "Go ahead. Go ahead. Clean Clean it up. I want Here's here's
00:38:36
what was missing from the Death in the Stairwell 48 hours episode." >> When was that conversation?
00:38:43
This man wasn't pronounced dead until 100 p.m. He was taken to the hospital before 5:00 a.m. or around 5:00 a.m. at
00:38:51
the latest, right? when when did dad ask the detective, "Can I let the dog out? Is it okay to
00:39:01
tidy up?" If And that's what I wanted to see because that's what the detective should have been pounding into our souls
00:39:10
and our thoughts of, "Yeah, he asked me that. I gave him the go-ahad, but the man was still alive when I said that he
00:39:18
could do that." I'm guessing because we're not hearing that argument that unfortunately Kevin may have been dead
00:39:24
at that time and it was a really bad call. >> Well, let's get to the the trial and and
00:39:29
what the jury concluded. >> Well, before we get to that, we we should explain that
00:39:35
and we're nearing that, my friend. Don't you worry. We should explain that the expert that the defense team presented
00:39:41
did explain why and how the injuries may look like they weren't caused in the manner that one might expect with a fall
00:39:51
down the stairs is that there there was a a very sturdy banister at the bottom of those stairs. and their expert is
00:39:59
simply saying those that head trauma was caused by him hitting that banister during the course of that fall.
00:40:08
>> Well, that's the what that's what I was saying in the first episode. It's I've
00:40:13
fallen off steps at the top. Sometimes you fall halfway down and I've fallen off right towards the end.
00:40:21
>> You know, you you're just not paying attention. And when you have the lawyers
00:40:25
go into the house, you have detectives go into the house, you have the EMTs go into the house, everybody that's been in
00:40:32
that house and that tried to go up those steps said, "These are steep steps." >> True.
00:40:37
>> And so he doesn't have to. It can be a fall down the steps, but he fell the last three steps. Slips, hits his head,
00:40:47
then falls and hits the wall. and and and and you and again like you said with the crash test dummies, I think that's a
00:40:54
great analogy. You could you could you could replay the scene a thousand times and the victim ends up in a different
00:41:02
location with different injuries and and a different outcome. >> I agree 1,000% here because I heard both
00:41:10
explanations and read the report from the coroner. I thought both of them, to me, a lay
00:41:19
person, both of them sounded very plausible. I agreed with both opinions on how these
00:41:27
injuries took place. I think it goes back to our whole crash test dummy thing of if you, you know, throw one of those
00:41:36
down the stairs a few times and and see what happens, you're going to get a different injuries, different result
00:41:43
many of those times. One thing I Here's one thing I wanted to find, desperately wanted to find.
00:41:55
And maybe this will be out there at some point. Maybe it's already out there and it's
00:42:01
and it was just too far down to to dig or it's not been made public. The How good were the photos of the scene that
00:42:10
you saw, Captain? Cuz you did you noticed something I didn't notice. So, I'm thinking you may have seen better
00:42:15
photos than I have when you mentioned the blood on the the AC unit. >> Well, the blood was on the floor under
00:42:24
the AC unit. But again, when you see the body cam footage of them enter that room,
00:42:31
>> okay, >> there's no there's not a giant puddle of blood. You can see that with your own freaking
00:42:37
eyes, right? And so then when you see the crime scene photos and you have these giant puddles of blood, you go,
00:42:42
"Well, how the how' that happen?" >> There does appear to be a rug that would have been in that area that
00:42:52
that appears to have been pushed aside. So I don't know if the blood seeped into
00:42:57
that rug. >> Right. >> So it's it's kind of it's not a it's like a welcome mat almost. sits on the
00:43:03
inside of the the front door where most people put a a small rug that appears to be pushed to the side.
00:43:12
What I didn't see, and maybe the rug prevented this from happening, I didn't see
00:43:19
cuz there was a third there was another in that home that night. the dog. I didn't see any
00:43:32
paw prints made by the blood. Yeah. Again, and that I wouldn't know because I'm not privy to their their personal
00:43:40
life. Some people have a dog. They they have a cage in their their master bedroom and
00:43:46
they put their dog in the cage when they go to sleep, you know, depending on how
00:43:52
that dog acts when when you're asleep. Again though, if you can kennel, if you're kenneling that dog in that master
00:43:59
bedroom now, I have a problem with you not letting me in there. I'm not asking to get into the dog kennel. I'm just
00:44:06
asking to go through the home for cursorary search. So, I don't know. You're right. We don't know if if the
00:44:13
dog was kennled or not. But all the scenes that I've reviewed where someone is murdered inside of a home, where
00:44:19
there's blood evidence inside of a home, dogs walk through that. They just do. Now, I actually thought that that would
00:44:26
point a little more toward the idea that he he had fallen. Now, again, I'll I'll I'll
00:44:35
flip over to Allison's side because one thing that I don't recall seeing in that
00:44:41
48 hours episode that I later learned was Kevin was when he was found, he was only
00:44:50
wearing underwear. Now, look, all of us are different. We all party a little different. Maybe he
00:44:57
was cranking up the music, having a few beers, chilling in his underwear. There are plenty of guys that do that. And I
00:45:04
know I'm not every man out there, but to the the le the lesser amount of clothing, the more it tells me the the
00:45:10
man may have been sleeping. >> Yeah. >> And if he got up to get a glass of water
00:45:16
or if he was drunk or Look, you can fall down the steps the stairs and not be drunk at all. be sober as a judge.
00:45:24
>> Yeah. But again, if you if you put your dog in the cage when you're asleep and
00:45:29
you get up to get some water, you slip, fall, and hit your head, the dog's still
00:45:32
in the cage. >> Mhm. >> So that's that's not crazy. And again, I think we differ
00:45:42
on on what she was allowing, what she wasn't allowing. I think what she was trying to say is the dog's in there and
00:45:47
the dog's in the cage and the dog is, you know, a guard dog and it's it will get aggressive. It's in the cage, but
00:45:56
and I think that's what's going to weigh on this detective now, chief of police's
00:46:01
brain forever. Would I would I have found a a baseball bat? Would I find a a kettle bell or
00:46:09
something to that effect? Would I find something? But again, you you could find a flashlight, whatever you find. The
00:46:16
thing is is there's there was no evidence just looking at Kevin of this injury. So, I
00:46:26
don't think you're going to find that blood evidence on you might find some DNA evidence and stuff, but I don't know
00:46:31
if you're going to find any blood evidence on those items if they were even in the bedroom at all.
00:46:39
>> This one's This one's a real difficult one. It's uh and it was a bit of a long
00:46:44
time coming like we had said over a year and a half later before the trial actually starts
00:46:49
and the trial was running back in May of this year. Went to deliberations on Friday, May 9th, 2025.
00:47:03
And we do get a a verdict here. I think I think the members of law enforcement thought that this might be a trial that
00:47:12
would get revisited, but >> yeah, maybe it'd be a mistrial >> mistrial, but they deliberated until so it was
00:47:22
4day um uh they deliberated for more than six hours at the end of a 4-day jury trial
00:47:30
as said it was in May of this year and they found Allison Davis not guilty of the murder of her husband's death. And
00:47:41
as much as I want to have a strong opinion here, Captain, I look at this and I've looked at it and looked at it
00:47:46
and looked at it. Don't have a strong opinion. My my only strong opinion is I get why they charged her. I get why they
00:47:56
brought it to trial. I also fully understand why the jury said they're not saying she didn't kill her
00:48:05
husband. They're saying we didn't find >> we don't have enough to tell us that she
00:48:09
did. And that's the key here. This is where like did she do it? Don't know. But here's what I do know. The
00:48:18
prosecution told you a story with holes in it. Well, we think she murdered him. Well, why? Don't know. With what? Don't
00:48:26
know. But there's so many parts of their story of we don't know. >> And then the defense teams, their story
00:48:35
is pretty complete. We have this expert that says this is what happened to Kevin. So that backs up all of the story
00:48:45
that Allison gave us. And we have nobody saying that she is capable of this crime. We have no history of violence.
00:48:54
We have no criminal record. Even after the verdict is read, her mother-in-law says, "I accept the
00:49:05
findings. She is still my daughter-in-law." And and to me, that that that's some weight to it, too. She
00:49:13
sat there in that trial and she's not coming out with, "Well, I don't care what that jury says. I know what I
00:49:20
heard. I know what I know." She said she accepts the verdict. Yeah. >> Yeah. And she says she's always going to
00:49:26
be my daughter-in-law. So again, I think it's I can see where the suspicion was and and I [clears throat]
00:49:36
applaud them for to go and for just for the idea of something seems off, let's look into it. But the problem is they're
00:49:43
like something seems off, let's look into it halfass. And by having it be halfass, you had a
00:49:50
halfass trial, halfass evidence, halfass story of what happened. And and yes, they don't have to prove what the motive
00:50:00
was, and they don't have to tell you um 100% why what happened happened. But if you can't tell a complete story and fill
00:50:11
in the gaps for the jury, I I don't see how the jury could come to a solid conclusion. I think it just goes down to
00:50:19
we have two experts. It's kind of like when there's two fouls on a football field, they cancel each
00:50:26
other out. So now there's no no foul on the play. Repeat the down. And I think that's what
00:50:34
happened here. And so it's like I could see anybody that's into true crime should dive into this case. Don't just
00:50:41
take our words for it. Dive into it yourselves. This is a hard one to jump on one side of the f fence or the other.
00:50:49
But I think it's easy to say. I think the jury got it right. Prosecution couldn't tell their story complete. The
00:50:58
defense team did. And she spent 17 months in jail because of it. And if she's innocent, she loses her husband. She
00:51:09
loses her freedom. This is um this would be devastating. [music] Want to thank everybody for joining us
00:51:22
here in the garage each and every week. Thanks for sharing the stories. Thanks for sharing our podcast on your social
00:51:30
media. It means a lot. It helps keep the lights on, onward and upward, my friend.
00:51:36
Colonel, until next week, be good, be kind, and don't live. [music] [music] >> [music]
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