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True Crime Garage
Death and Questions /// Kevin Davis /// Part 1
00:46:58
Alison Davis called 911, her voice frantic as she reported her husband had fallen down the stairs. Police and EMTs rushed to the New Haven, Indiana home, prepared to save a life. Inside, they found Kevin Davis at the bottom of the stairwell. His injuries were far worse than expected - he was barely clinging to life. Just hours earlier, the couple had returned home from a night out with friends. By morning, tragedy struck: one person was dead, and the other faced difficult questions.
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Foreign.
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Welcome to True Crime Garage. Wherever you are, whatever you are doing. Thanks 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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C
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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B
Today we are elated to be sipping on some caramel apple triple by the elevated brewers over at Sun King Brewery. This is the Apple Jack edition. This delicious triple is aged in rum barrels with dried apples and brown sugar ABV 13.3%. So enjoy this one at home in your garage or sitting by the fireplace. Garage grade three and three quarter bottle caps out of five. And let's give some thanks and praise to our good friends who helped us fill up the old garage fridge for this week. First up, a cheers to Robin Jennings from Morrisville, Pennsylvania.
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C
Big we like your jib goes out to Claire from Dallas, Texas. Texas forever.
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Big D. Here's a double fisted cheers to our friends the dude in Marque from Casper, Wyoming.
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C
The big tall cans in the air goes to Brian in Harbor Beach, Michigan.
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B
Next we have Ruby from Big Stone Gap, Virginia. And last but certainly not least, we have Henry in Boston, New York. Everyone we just mentioned, they went to truecrimegarage.com and helped us out with this week's beer fund for the beer run. And for that we we thank you. Yeah.
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C
B W R U N Beer run. Check out truecrimegarage.com Sign up on the mailing list. And that's enough of the business.
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B
All right everybody gather round. Grab a chair, grab a beer. Let's talk some true crime.
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C
Come back to me.
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It was after midnight when 33 year old Allison Davis picked up her cell phone and called 91 1. Her voice carried panic, her words rushed and loud. She told emergency services that her husband had fallen down the stairs. New Haven, Indiana Police and EMTs arrive on the scene quickly and if needed, they were prepared to run into the home and save this man's life. Once inside the home, they find Allison Davis husband Kevin Davis at the bottom of a stairwell with blood pooling beneath him. He is very badly hurt and in far worse condition than expected. The 40 year old man was barely hanging on, clinging to life.
- [04:57]
But blood just wasn't on the floor. It was splattered on the walls. After a night out with friends at a local tavern, tragedy strikes the Davis home leaving one person dead and the other with a lot of questions to answer. This is true crime Garage.
- [05:45]
Tonight we are going next door on the map to a state that we have been many times to, the Hoosier State, Indiana. This is New Haven, which is immediately northeast of Fort Wayne, Indiana in Allen County. New Haven with an ever growing population of just over 16,000 residents and new Haven is known for its direct connection to the River Greenway. New Haven is a nice central location in between our state of Ohio and Fort Wayne. The community there enjoys the overall small town feel with big city access. Tonight's true crime story is a recent one. So let's start off on August 11, 2023. This is a Friday evening. Oh how we love a Friday evening after a work week. 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. On this night, 40 year old Kevin Ray Davis is sitting with friends who he bumped into at the local tavern. Kevin is into landscaping and a designer and reported to be a hardworking, reliable, nice, generous dude. It is also said that he is what the tavern staff and patrons would call a regular to this bar. This is the East Haven Tavern and from what it sounds like, most of the folks that were there on this evening were regulars. Everyone knew everyone. This is my kind of joint right here, the East Haven Tavern. This is a place with good reviews and good food. They have a chicken gizzard and fries basket there.
- [07:40]
C
Captain Yum yum. Give me some.
- [07:43]
B
Not me, give me the jalapeno Burger. So this is a place where you don't need to arrive with friends or schedule to meet up with friends. Here you can walk in on 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 a summer night in Indiana, Kevin is there after work. He's sitting with some other regulars that he knows. Kevin is a big personality type with a big heart kind of guy. He's there with his fellow regulars. They are talking, catching up. He's also waiting for his wife to meet him. His wife is Allison Davis. She arrives at the tavern around 9pm this does play a role in the overall story here. This next part here, Captain, it's reported that Kevin was drinking beer and had some vodka shots. Yeah, his wife Allison, she was drinking cocktails. Now Allison works in retail. She works at Victoria's Secret and has been working up until the time that she arrived at the East Haven Tavern. So let's zoom ahead a couple of hours. It's just before 1am Allison takes off and heads home. Kevin not far behind. All reports state that the couple left the tavern around 1am and they arrived home around 1am so the Davises live at 1728 Douglas Lane in New Haven. This is just one mile from the tavern, about a four minute drive. All right, it sounds like a fun time was had on that Friday night. They go home. Presumably they will go to bed and at some point wake up on Saturday and start their weekend. Yeah, but what really happens on this night is after a night out with friends at a local tavern, the married couple, the Davises, they head home. Then less than four hours later, tragedy strikes the Davis home, leaving one person dead and the other with a lot of questions to answer. So now we are still in the small hours. Saturday, August 12, 2023, we have a frantic call to 911 coming from the Davis home. Here is part of the transcription. The dispatcher says, 911, what's the address of your emergency? The caller is a female. In fact, it's Allison Davis who says, my husband just fell down the stairs and there is blood everywhere. I don't know if he's alive or dead. The dispatcher says, okay, what happened to your husband? To which Allison Davis says, he fell down the stairs. Just now I was sleeping downstairs. All I heard, all of a sudden I heard a loud noise. So she's indicating here on the 911 call that the her husband, she presumes, 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 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 she attempted to move him or wake him or communicate with him.
- [11:21]
C
Yeah, I think she says she tries to roll him over, but she can't.
- [11:24]
B
And so she calls in to 911 hoping that they can get out there and help her husband.
- [11:32]
C
And this is going to be a very interesting crime because we're going to have body cam footage of the police officers arriving on the scene and watching Kevin's wife interact with the EMTs and the firefighters and the police officers.
- [11:48]
B
Yes. When you get these types of situations, emergency situations, when you have police arriving with other first responders, the benefit that we have when we analyze these types of stories is we get that extra evidence of that body cam footage. So many of these jurisdictions these days, it's a requirement that they are equipped with a body camera. So let's go to the report here, Captain. The report here, Captain. And starts off at 0438 hours. So we're at 4:38am in the morning. And it states that the East Central fire and EMS, along with the New Haven police were dispatched to a residence. So they live at 1728 Douglas Lane. That's the home of the Davis's. The New Haven dispatch aired that the husband had fallen down the stairs, blood everywhere, and was not responding. We have two officers that arrived on the scene. They're on the scene. This is a, this is a quick response time here, three minutes. So at 4:41 we have police on the scene. The police are sent to assist ems, but they actually arrive on the scene prior to EMS getting to the house.
- [13:23]
C
Right.
- [13:24]
B
So the officers, remember there's two of them, say that when they arrived on the scene they met Allison K. Davis. She's standing out by the curb. So she's out by the street to flag down help, I guess, greet the first responders, presumably to get them to her husband asap. So she takes them inside and the officers say that they observed the husband, who they learn is Kevin Davis. He's at the base of the stairwell in a pool of what is presumed to be blood.
- [14:01]
C
Yeah. And he's laying flat, flat on his front side.
- [14:06]
B
Laying flat on his belly. They say that his breathing appeared to be a gonnel. Now, I hope that I'm pronouncing that. Yeah.
- [14:17]
C
In layman's terms, he had shallow breathing.
- [14:19]
B
Yeah. Gonal breathing is abnormal. Gasping or Snorting breathing pattern that is common. A common sign of severe medical emergency, most often cardiac arrest. The East Central fire and EMS arrived on the scene and started performing life saving measures to Kevin and transported him to Parkview Regional Medical Center. He is listed in critical condition. So the, the hospital is approximately 19 minutes from their residence. Allison, the wife reported to one of the officers that she was sleeping downstairs. Remember it's a two story home. She's sleeping in the ground level.
- [15:07]
C
Yeah.
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B
And heard a loud noise and reported that Kevin fell down the stairs.
- [15:11]
C
She also tells the officer that they had an argument before they went to bed. That's why she was sleeping downstairs and Kevin was upstairs sleeping, I believe in their master bedroom with his dog.
- [15:25]
B
The officer would later state that he did not think the injuries were consistent with a fall down the stairs.
- [15:35]
C
Yeah, you see on the body cam footage the officers talking to each other. There's two major officers that are at the scene first. And the one officer says one, I don't think she's acting correctly. She doesn't seem like she's in a panic. You know, I'm telling her that her husband's in critical condition and she doesn't seem to be acting appropriate. And the other officer you can hear on the body cam footage saying 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. That's obviously why she called 911 and.
- [16:11]
B
I think it's interesting to hear the two different perspectives here. So what your, what your protocol will be here in this situation, Captain, you get to the scene, you get inside, you're assessing the situation. Now immediately you're going to phone in, you want some backup. Because what you need here, regardless of what took place inside of these four walls, you need to get some personnel outside that can keep the people that you want to keep outside and not let anybody in. And now us being the two 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 the general area where this man who presumably had fallen down the stairs or so reportedly had fallen down the stairs, is located. Your next move based off of the suspicions. Right. With the one officer saying this doesn't look like a fall to me, these injuries look strange. With that assessment, your next move is going to be do I want to get a detective here so a detective can assess the situation.
- [17:18]
C
Well, let's examine this for just a second. Most 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 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 they can see. So we have a lot of internal bleeding. So he's bleeding mainly through his mouth and through his nose. They're saying, well that looks suspicious because he's laying flat. He's not balled up at the base of the stairs. And then her story doesn't make sense. She's not acting correct in their, in their mind. But again we, we've gone over this a million times in a million cases. If somebody's too calm then that's suspicious. If they're too calm, dramatic, that's suspicious. So but I think they're doing the right thing here 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 Kevin to try to save his life but we're going to call a detective in to examine this scene.
- [18:29]
B
So what you're going to have here is you have an on call detective. So the on call detective arrives on the scene at 5:23:3 note. That is less than one hour after the 911 call came in.
- [18:45]
C
Yeah.
- [18:46]
B
So the on call detective is now on the scene. He's meeting with the two officers that were already there that are inside the home. Again this goes along with some of what the captain was saying but also the on call detectives assessment of the situation. He too would say that he did not feel like Allison's reaction to the situation was appropriate. Described her behavior as odd. And then this is picked up by the body cam footage. At one point Allison was seen laughing with medics. Now I do want to point this out before we go too much further on with, with the statement of did not seem concerned about her husband's injuries.
- [19:33]
C
She called 911.
- [19:35]
B
She called 91 1. Yes, it seems like 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 head or, or something incredibly alarming, you may not understand that person's injury. She's not a doctor.
- [19:54]
C
Well on top of that he, he drank excessively the night before. So I've been at many parties when I've been younger where somebody drinks a lot and falls and just sleeps where they fell and you're 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 saw the blood. She probably heard the shallow breathing. I gotta call 91 1. But part of her story checks out because we got a pillow and blanket on the couch. Now, I would argue that a lot of people have pillows and blankets on their couch. And how many times you fall asleep on the couch and then you wake up, especially when you've been 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 checks out that there's a pillow and blanket on the couch. So let's just assume that part of the story is, is true.
- [20:50]
B
As the report states. This is. Allison reported that her and Kevin went home around 1am after drinking at a local tavern. Stated that they had some more beers and then they got into an argument. So stating that they had more beers once they got home, then they get into an argument. So she was sleeping downstairs on the couch and Kevin was sleeping upstairs in their bedroom.
- [21:14]
C
Yeah. And this, this Kevin guy reminds me of somebody here in the garage, somebody that likes to keep the party going. And we can see evidence of him drinking. I don't know what their bar tab was that night. I don't know if we even have that information. But we, what we do have is the. I believe it's the patio table that had several empty beer cans. And I think he was probably smoking. And some people smoke all the time and some people just smoke when they. They're drinking. But he definitely had a lot to drink that night.
- [21:48]
B
Yes, I, I think that gets a little dicey to say. And, and I've stated that here 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 this person was incredibly drunk. We don't have any video footage or.
- [22:11]
C
No, I'm not saying he's hammered, but what I'm saying is we, we do have some photographic evidence of a bunch of empty beer cans. Now you can make an argument. Maybe some of them there wards their words not. But I think as far as the wife's story goes, it makes a lot of freaking sense. Right. They're at the bar, they're having a good time. They come back, Kevin decides to have a couple more drinks to start blasting some music. Nothing wrong with that at all. But sometimes when the wife is tired, guess who gets a little annoyed. So the fight wasn't about finances. The Fight wasn't about infidelity. The fight 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 had a lot of fun. Let's not ruin the night by overdoing it. And that's, I think that's a fight that most people have according to the.
- [23:09]
B
One person that is there that can tell you or, or make a claim of what was happening. Right.
- [23:15]
C
But I, but I also think that again, I think there's some evidence that her, that part of the story kind of checks out.
- [23:23]
B
Allison reported that she then woke up to a loud noise and went to investigate and saw Kevin face down. Quote, I honestly thought he was just drunk and fell down the stairs, end quote. She reported that she tried to lift him up but could not. All right, so we should note here, Kevin is 219 pounds. On this day, after she figured out that she couldn't lift him up, she. And she couldn't move him. She says, move him over. I'm guessing she's trying to turn him over.
- [23:58]
C
Yeah. And I think the issue with that is 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 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 around him to try to get at a better angle to turn him over. And like I said, I mean, you hear shallow breathing and you have blood coming out of his nose and mouth, I think you'd be pretty. Unless you have some medical background. Call 91 1.
- [24:34]
B
Right. And that's what she does here. So she says, I couldn't move him over. So I called 911. The detective requested permission from Allison. Okay, so we need to paint this picture a little bit better here. At this point, they are, have. Are now moving Kevin from the home. They're going to be rushing him off to the hospital. She is still outside. Allison is still outside. To which now the detective is saying, hey, I need permission to search your home. Are you going to allow me to do so? She says, in fact, this is pretty legit. Allison signed a consent to search form for the house and stated, I want to comply. I just want to go see my husband. Upon which the officers and detective entered the home and observed where Kevin was found. At the base of the stairwell from the second floor, at the base of the stairs was a large amount of red stains, presumed to Be blood. The stairwell was steep in nature. However, it was carpet. At the base of the stairs was a tile floor and the front entry door approximately three feet from the bottom stair. There was no damage or dents on the front door or walls to indicate Kevin fell down the stairs.
- [25:56]
C
Yeah, but this is a. This is a tough situation because if anybody's fallen down the stairs before, sometimes it just doesn't go how you think it would go. I think the other problem here is we don't know.
- [26:11]
When he fell again. I agree with officers. If he hit his head hard enough and he was concussed or whatever, he'd just be folded up. But we were just talking a couple weeks ago about an individual that's cracked on the head so hard, splitting his skull open, that the other victim at the crime scene thought a gun went off, and that individual was able to pull themselves up and go after 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 on his own and then couldn't and then collapsed back down on the ground. And the other thing that's very difficult in 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 blood on the floor underneath the air conditioner. When they show you pictures of the crime scene, quote, unquote, there's tons of blood under there. So I wonder, how does that blood get there? Was the blood draining down? What. What level was the floor at? Meaning, you know, was there a slight slant to the floor? Did the EMTs smear some of that blood because of their. Their shoes and trying to get to move Kevin? Again, not a small guy, so you have to move this individual. So how much of that extra blood.
- [27:45]
Spatter and the extra blood at the crime scene, how much was that created by the EMT and the police officers?
- [27:54]
B
When you say air conditioner, what do you mean?
- [27:58]
C
There's an air conditioning AC window unit.
- [28:02]
B
Okay, thank you. Because when. When you. When I hear air conditioner, I hear outs. You know, those are outside. I wanted to make clear for the listeners that we're talking about an AC unit window rather than thermostat or a vent. But, yeah, the. The pictures I've seen, there is blood that is much higher up on the wall and on that front door than I would anticipate with a fall. However, like you're pointing out, and very astutely so there, Captain, is it. That blood transfer could have come From EMS could have come from Allison, who's trying, who says she tried to assist her husband. It could have spread in any number of ways. Now the thing here is, or he.
- [28:46]
C
Cracks his skull and he stands up and then he falls back down. I mean, there's so many unknowns. It's not like everybody that falls down the steps falls down the same way. I fell down one time where I missed the first step and I skipped about seven damn steps and then went to like the first kind of turn on the stairwell. Really racked my arm and my shoulder and really screwed myself up. Luckily I didn't hit my head in any capacity. But as I'm pulling myself up, I'm like, how the hell did any of that happen?
- [29:27]
B
Well, and I think you're, you're hitting on something here that we need to point out. If people don't already have an idea of this. It's like watching the old crash test dummy videos. They can crash that car a hundred different times in the same head on manner at the same speed. And you see those crash test dummies react differently over the course of those tests. They don't always, they don't always fly or fall in the same way in the same direction. I 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 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 going to tumble, sometimes it's going to bounce off the walls, sometimes it's going to land flat on the floor below, and other times it might hit the wall or door below. The thing here though is what the detective and the responding officers are seeing is that regardless of how they occurred, the blood is telling you that there is some type of severe internal injury to this man. So that would imply that is it was either the fall or some type of blunt force trauma to this man. So while you are the detective and you are searching the home and you're looking at the situation and assessing the blood evidence and looking at the stairs and the other officers telling you this doesn't seem right, you're going, okay, well if he didn't fall down the stairs, then that means that there is some type of object in this home that caused the blunt force injury to this man, and the detective is saying, I was granted permission to search the home. I did not find any such weapon that would be responsible for the blunt force trauma. However, it is pointed out that the detective did not search the master bedroom that night and that is because Allison stated that her dog was locked in the master bedroom and did not want the detective to enter that room at that time with the dog.
- [32:03]
C
Foreign.
- [32:11]
B
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- [36:31]
B
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- [38:13]
C
All right, we are back. Cheers mates to the windows, to the walls. Tall cans in the air.
- [38:19]
B
Cheers to everybody out there joining us in the garage once again. We hope you had a wonderful Thanksgiving and happy holidays to you all.
- [38:30]
C
Yeah but let Me correct you. I don't think there's any evidence that the wife, Allison, was trying to stop them from going into that room. I mean, she signed permission to search the house, search my car, search the property. And it was just, hey, my dog is in there, and my dog will growl at. At strangers. It was the detective's decision to not go into that room.
- [38:55]
B
You're not wrong, but I don't know that I need correcting because here's the problem. While she signs a consent form, 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 seen that form. She could have wrote on there. You can't go into the master bedroom now.
- [39:15]
C
No, but she didn't do that. And. And, well, how do I know?
- [39:19]
B
You state. Wait, how do you know that?
- [39:20]
C
I know that because the lead detective, which is now the sheriff or the chief of police.
- [39:27]
B
The police chief.
- [39:28]
C
Yeah. He stated, I didn't go into that room. I could have went into that room. I regret not going into that room, telling us that that was his decision.
- [39:38]
B
And look, no, hang on, hang on. Again, we've not seen the form. We cannot confirm that she didn't make a notation. What we can say from the report that that made it. This is factual information here. The detective says, I did not search the master bedroom at this time. As Allison stated, her dog was locked in that room and did not want the detective to enter that room at this time with the dog. The homeowner is telling the detective on body cam footage, I do not want you to go into that room. So here becomes the problem for the detective. Yes, the detective could say, hey, I wish I would have gone in that room. The problem is, if you end up in court, that whatever you find in that room gets tossed because you have the homeowner on video camera footage saying, I don't want you to go in that room. So while I am signing over consent to search the property, I'm not giving consent to search that room. Now, she's not actually saying those exact words right. She's not saying. I mean, it may not be written on the form, don't search that room. But I'm telling you, man, you search that room and you find something incriminating, it's getting tossed.
- [41:00]
C
Yeah, but the other problem, too, is that they basically can get a search warrant for the next day. And don't 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 have double checked their work, and they, they chose not to.
- [41:19]
B
Again, you can't just get a search warrant. You have to have a judge sign off on that.
- [41:23]
C
Yeah, but we, at this time, we have a wife that's being cooperative with this investigation, and I command them. Instead of just going, hey, this kind of looks like an accident, she's telling us this story. Let's just go with this. I think they did the right thing, like our good friend Cheryl told us. Right. Act as if it's a homicide until you prove it's not.
- [41:49]
B
That's what we've always said here, and that's what it appears that they're doing. What I'm pointing out is they don't have consent to enter that room. They don't have lawful, the lawful ability to enter that room at the time where the mistake was made was that they didn't secure the home. That's where the mistake was made. We can't guarantee that they would have got a search warrant for the following day that would have guaranteed them access to that master bedroom.
- [42:15]
C
Yeah, but again, if you have somebody that's cooperating with the investigation, why not get consent to go back into the property? If there's a room that somebody's telling me not to go into, you better believe I'm going to keep going back to the scene until they tell me not to go.
- [42:32]
B
Absolutely.
- [42:33]
C
And then I can make a point.
- [42:34]
B
Right.
- [42:35]
C
And then I can make a point in the court room to say, oh, by the way, yeah, she gave us consent, but not to the master bedroom.
- [42:43]
B
Which is, which is the case. Which is, is still the case. Right.
- [42:47]
C
But again, if I can go back, if I'm being, if somebody's being cooperative 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 individual. I can make that part of my, you know, circumstantial evidence at the case. But they didn't go back time and time again, and they, and they made mistakes. And how do I know that they made mistakes? Because the lead detective has said I made mistakes, and that's on me.
- [43:15]
B
Right. And his exact words were that the mistake was that we didn't secure that scene.
- [43:20]
C
Yeah.
- [43:21]
B
And, and I agree, agree 100 with what he says. I agree 100% with what you're saying as well. Yeah.
- [43:28]
C
And I feel bad for him. And, and the reason why I feel bad for him is because I think they were kind of on the fence 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 mean, all, all these things are so hard to. To figure out, right? Like, we don't, we don't know this individual personally. We don't know how she would react or how she wouldn't react. But I think the fact 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 fence about it, and I think that's where they messed up royally. And I feel bad for the detective because he knows that he's admitting to that and he's going to have to live with that, those decisions. And again, I think it's just because he was just kind of on the fence instead of just going like. Like what we've said a million times and what we've heard from all the experts don't half ass it. Don't be on the fence. Investigate it hard as a homicide until it. You. You rule that out as a possibility. As you can tell, this case.
- [44:30]
Works me out well.
- [44:31]
B
But also the problem is it's, it's when you. When the. Whatever. 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 still alive for a period of time. You're not removing a body from the home. You're removing a man that you're hoping to save his life, which.
- [44:50]
C
That in itself contaminates the crime Sc.
- [44:53]
B
Definition of homicide. It cannot be if the man is still alive.
- [44:58]
C
Exactly.
- [44:59]
B
Let's continue on. I think we're, we're leapfrogging too far into the story here. For those that are unfamiliar now, sadly, Kevin Davis is pronounced deceased, but this is not until 107 on the 12th. So this would be 12 hours after they left the bar, and this would be what, about eight hours after he was removed from the home? A little less than eight hours after he was removed from the home.
- [45:28]
C
Yeah. And this gets a little complicated because he is pronounced brain dead. And then the, the tough thing here is he's an organ donor. So you have a, a smaller window to, to figure out all these moving pieces, right?
- [45:45]
B
Yes, that. That is true. He's pronounced deceased at 1:07pm on Aug. 12. The ER staff at Parkview had concerns about his injuries. The ER staff indicated that the injuries did not seem consistent with a fall down the stairs. An autopsy of Kevin Davis's Body was completed by Dr. Wagner at the Northeast Indiana Forensic center on August 15, 2023. So here. Here's where your problem is with this investigation or with this story. It's not a homicide until it's ruled a homicide by somebody that has the authority to do so. You heard the dates. He's pronounced dead on the 12th. The autopsy took place on the 15th. You now have three days where the scene is not secured. And I agree with you. We said it before Cheryl McCollum ever came on the show, many, many times. You investigate it as a homicide until you prove that it's not. The problem here is it's not a homicide until three days after the guy died and was removed from the scene.
- [47:00]
C
Right.
- [47:01]
B
So after completion of this autopsy, 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 a blunt object would cause the depression. Dr. Wagner stated the injury would not have come from a fall down a stairwell. The injury was not consistent with Allison's statement, and they ordered further investigation. Dr. Wagner stated that this type of injury was, as you said here, Captain, he was brain dead upon impact when shown when the doctor was shown a picture. So they, they. They took that body cam footage of the responding officers and they created stills of what was on those cameras on that footage.
- [47:50]
C
Right.
- [47:51]
B
Showed them to the doctor who performed the autopsy. And the. The doctor says these pictures say it all, that Kevin was hit in the exact same spot where he was found lying, explaining to the detective that Kevin would have taken a hit to his head, then collapsed in the spot where he was found, he would not have been capable of walking around after the hit. So the Allen County Coroner's office ruled the cause of death as blunt force trauma of the head and the manner of death as a homicide.
- [48:28]
C
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 actually multiple hits on multiple sides.
- [48:39]
B
The ER doctor. So this is a different doctor than the doctor Wagner who performed the autopsy. Okay, so this is the emergency room doctor that is there trying to save Kevin's life when he arrives at the E.R. she states that Kevin's injuries are, quote, very unusual. This is Dr. Pentinger stated Kevin's injuries were not consistent with a fall down a stairwell and felt the need to report. The doctor stated that the injuries were isolated to the head, multiple skull fractures and orbital fractures. The good doctor also stated that she was not clear on how soon medical Treatment was provided to Kevin and said that he had profound brain injury. Okay, so a profound anoxic brain injury. And that his core body temperature was down as he was hypothermic. Okay, so what this means here is that this is going to be a severe lack of oxygen to his brain. Okay, which, which would cause him to be brain dead. So Kevin had such a lack of oxygen in his brain that he had been brain dead for a period of time, possibly hours. Okay, follow along here. So remember Allison stated when she heard the fall, the thud, she called 911 immediately at 4:38 that morning, EMS arrives at 4:44. So three minutes after 4:38, police are on the scene. Three minutes after police 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 breathing tube. He arrived with a breathing tube which would have provided oxygen to Kevin's body. And so what the doctor is simply stating here is if everything happened as said, she calls immediately after the thud. We assume the thud was Kevin hitting the floor, falling down the stairs within six minutes of her 911 call. EMS are there and very quickly providing oxygen to Kevin Davis. This should have prevented him from, or slowed him from going brain dead. What the ER doctor is saying, remember, 19 minute drive from the house to hospital, but breathing tube already inserted. The good doctor is saying here, he could have lied there for a considerable amount of time before that breathing tube, before that oxygen was being administered to his body.
- [51:38]
C
And this is a tough thing because I think this is something that points to Allison's story not making much sense. 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 have to drink? What state was she in? Because you ever have those moments, you wake up at seven o' clock in the morning and you check your phone and you're scrolling on your phone, you're kind of up, up for about 10 minutes and then all of a sudden you just kind of pass back out and you wake up again. It's nine something. 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, called 91 1. But that doesn't make sense with the science.
- [52:29]
B
Dr. Pintenger stated this timeline was not possible and care was not provided as reported and goes on to state that she has had drowning victims with more oxygen in their brain. Dr. Pentinger stated she has 13 years of trauma experience.
- [52:58]
C
All right, so much more to get to stick around for part two. Until then, be good, be kind, and don't litter.
- [53:14]
Sa.
- [53:42]
A
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