Captain Sam (2:51)

Yeah, BWR you in beer run. Check out True Crime Garage. Check out the merch store. Treat yourself and Colonel, that's enough of the business this.

Nick (3:01)

All right, everybody gather around, grab a chair, grab a beer. Let's talk some true crime.

Nick (3:23)

When we close the garage door at the end of yesterday. Captain, there we had unfortunately announced that Kevin Davis was pronounced dead. The autopsy led to a homicide investigation. You and I butted heads on a few different aspects of that investigation. But ultimately, what this is going to lead to will be a homicide investigation that will result in charging an individual with that homicide.

Captain Sam (3:54)

Well, just to be clear, we have officers at the scene, a little suspicious. We have detectives at the scene, a little suspicious. Then we have two different medical workers at the hospital where he passes away. They're suspicious. And also the individual that does the autopsy. So that's a lot of people suspicious that this is not just an accident.

Nick (4:17)

Yeah. This is going to be a very difficult one and already has been for all the reasons you pointed out. Because for every one of those suspicions, there is a counterpoint to that where somebody will say, well, pump the brakes a little bit. Not so suspicious. But exactly. You're exactly right. You have at least one of the EMS workers on the scene saying, this isn't looking right to me. One of the police officers says, so much so that this isn't looking right to him that I'm going to call in a detective. And we have the ER doctor, along with the doctor that performed the autopsy, the coroner who performed the autopsy, ruling this, ultimately ruling this a homicide. So somebody killed Kevin Davis, according to that coroner. Let's talk about. And I know we kind of dipped our toes into these waters yesterday, but let's talk a bit about the evidence that is supportive of Allison's story. Right. We do know Kevin was drinking that night. That is the consensus report. We have people at the bar saying he was drinking that night. We have Allison saying, when we got home, we both had a few more beers. We got into an argument. When the police arrive, they see beer cans present open and empty beer cans present. So that would back up parts of her story. She says, I fell asleep on the couch after this argument. The argument being over. Kevin was blasting 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 the couch. And as you pointed out, Captain, rightfully so. Pillow blanket indicator that somebody may have been sleeping on that couch, as she had said. Now the suspicions. Yeah, we have the 911 call. When reviewing this. I've said it before. I don't feel like.

Captain Sam (6:18)

Say it again, my friend.

Nick (6:19)

I'm gonna say it again.

Captain Sam (6:21)

Say it again.

Nick (6:22)

There's. Because there's going to be somebody that's tuning in for the first time. I don't know where you've been all this time, my friend, but welcome to the 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 am very good at, I'm a man who understand, recognizes, understands and not. I'm not afraid to present to you that I know my limitations and I know what those limitations are. And one limitation I believe that I have. I don't believe I'm a good barometer for listening to a 911 call and saying, yeah, that person's guilty as hell, or yes, they are absolutely innocent.

Captain Sam (7:04)

Well, let me just back that up a little bit though too, because there's some calls that you hear and you kind of smell the.

Nick (7:13)

But some that are more obvious than others.

Captain Sam (7:15)

Yes, right. But that is then normally backed up by other evidence to make you smell the. Right. But when, when there isn't a bunch of evidence, like in this case, we. We have no murder weapon. If there was a murder. But this call, just listening to it, I go, I can't make heads or tails because again, if you're overdramatic, then you're guilty. If you're underdramatic, you're guilty. And so I think that's. I don't think this 911. I don't think this 911 call to me points in either direction.

Nick (7:55)

It feels right down the middle to me. Now I will say the lead detective in charge. So this would be the on call detective that night who eventually goes on to become the police chief. His statement is he believes what the way it hits his ears. He says this sounds rehearsed.

Captain Sam (8:15)

Sounds like she's an actor.

Nick (8:17)

That Allison wanted to listen to what the 911 dispatcher had to say. And then she went into her whole rehearsal. We should give a shout out here to CBS. They did cover this on 48 Hours in an episode that they called Death in a Stairwell. I believe on that episode, this detective says it was all about Allison. If you listen to her words, it's all about her. It's not. Hurry up and get here. Oh, my God, he's dying. Please get here as soon as possible. Now, I'll agree with Detective Krueger here because that's at times when I've defended persons making these 911 calls. And the one thing that does grab me and shake me a bit when I don't hear it and I want to say sounds suspicious. It's always when there is a lack of urgency to get the help there to help the person that you are calling about. The flip of that is there are plenty of episodes, 911 calls that we've done where 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 great information, but they're trying to get help to this individual as immediately as possible. I agree with Krueger here. I. At no time during that 911 call did I hear her. She sounds panicky, right? She sounds panicky. She's explaining what's happened. She says where they live, where the. The responders need to go. She's at the curb to flag them down. But what's missing is the words of, oh, get here quick. Where are they? Where are they? Now, the flip of that would be the response time, as we pointed out, was very quick, three minutes from the time that the call comes in.

Captain Sam (10:08)

Yeah. I think it's also difficult, too, because we do see somewhat of the scene through the body cam footage, but it's also. They blur out certain things. So to me, depending on what that scene looks like would heighten if somebody's going to be more panicky or not. To me, again, it's blurry, so I can't fully digest the situation. But I'd say the scene doesn't look like this chaotic message where. That. Where she might have gone. I think my husband hurt himself. I can't move him. I can't help him. But maybe she didn't feel like it was a life or death situation, because there is no. And everybody says this. The EMTs say it, the. The detectives say it, the police officers say it. There's no, like, sign of, like, crazy blunt force trauma to his head at the scene.

Nick (11:06)

Correct. Which is interesting to me because that would. To me, that would be indicative of a fall with. With him impacting an object that is not in motion. It would also. But it also can be an indicator that he was struck with something. If he was struck in a certain manner.

Captain Sam (11:24)

Right.

Nick (11:25)

Or depending on what the object was, he. What is obvious at the scene is he's got internal bleeding. And we know that because it's being forced out of his. There's no nice way of saying this. Nose and mouth.

Captain Sam (11:36)

Yeah.

Nick (11:37)

And even though his breathing is. Is faint, it's not very good at all. Those breaths, especially when he first fell, whether it be from being struck by something and falling to the floor or falling down those steps, those first few breaths are actually going to be very 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 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 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 burst out of the nose and mouth and then that's going to get weaker and weaker as he is laying there.

Captain Sam (12:20)

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 going to be due to, again, no nice way to say this. He's choking on his own blood. So that's going to affect your oxygen levels.

Nick (12:35)

So I kind of go through these items one at a time here, and it's not a 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 that she's telling the truth, and some are suggestive that she may not be telling us exactly what happened there in that home that night. We mentioned the beer cans, we mentioned that he, we know he was drinking that night at the 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 sleeping. That seems to make some sense here.

Captain Sam (13:16)

Right.

Nick (13:16)

Krueger says the 911 call suspicious. I didn't hear it. Other than the begging for them to get here faster or get this help here immediately.

Captain Sam (13:27)

Yeah. I think we both agree that could go either way.

Nick (13:29)

Correct? I think something that could go either way here as well are the next two suspicions that law enforcement had. They point out that at no time did Allison ask to go to the hospital with her husband. Okay, so ambulance is going to take him, rush him off to the hospital. 19 minute drive to get him to the hospital, to the E.R. they're saying, you know, it seems odd that she didn't ask to go to the hospital with him.

Captain Sam (13:58)

Well, because some people try to jump in the back of the ambulance. But this is where I think it's a little gray area because we have the statements of. Yeah, I'll give you permission to look through my house, but I would like to get to the hospital.

Nick (14:11)

Thank you. Thank you. I'm with you. Exactly. There she. Her words, and these are in quotations in report that was submitted to, to the courts. So there's no argument here about what she said. Right. This, this will be presented as fact at some point. And her words were, I want to Comply. This is according to the detective. I want to comply.

Captain Sam (14:36)

Yes.

Nick (14:37)

I want to get to the hospital to be with my husband. Now, I'm going to defend Allison here, not just because of the words that made it to the report, but unfortunately, I've been in a few emergency situations, a lot of, a lot of us have. And in that moment when the ambulance is rushing somebody off to the hospital very close to me, immediate family, I can recall at least twice being asked if two separate occasions being asked by one of the first responders, hey, do you want to ride in the ambulance? And every single time, dude, I tell you, like my, my reaction, like my, my gut reaction is to go, yes.

Captain Sam (15:22)

But then both kinds, because you like the lights.

Nick (15:25)

I want to get to that pure oxygen that they got in there. Right.

Captain Sam (15:29)

You know, hit of that.

Nick (15:31)

My gut actually is to be with my loved one.

Captain Sam (15:36)

I don't want to go in there because I'm a little gassy. So I don't want, it's.

Nick (15:41)

Well, then they don't want there either.

Captain Sam (15:43)

It's a tight quarters.

Nick (15:44)

Well, that's what I'm saying every time.

Captain Sam (15:47)

Give them a little of my own oxygen, you know what I'm saying?

Nick (15:50)

Methane gas. Every time. In both situations, my gut reaction is to say yes. And then my eyeballs see the back of that ambulance and how, as you pointed out how tight it is. And here's, here's what I want, here's what I want in that scenario. I want those two persons in the back, or the single person in the back of the ambulance, whatever the setup is, to be hyper focused on my loved one without my big ass being in their way.

Captain Sam (16:20)

Not that they would do this, but you don't want something bad to happen. And then for the EMTs or the EMS or whatever you want to call them to the emergency response people, you don't want them to hesitate at all, to do whatever's necessary to save that person just because you're in the vehicle.

Nick (16:42)

Well, that's exactly what I'm saying. I, I want them to focus on the problem at hand and they are equipped to fix that problem. I am not. So I, I, it is probably better for everyone that I am not there. Yeah, I'm going to hop in a car and go to the 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 also compound that with you only want to cram so many people into that clown car that's going off to the hospital trying to save this guy's life. And I'm being. I'm being an ass hat here, saying 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, is keep in mind what's going on at the scene. At the time, she is engaging in conversation with a detective, with the officers. You can start to see neighbors and stuff have come outside of their homes. She, in that moment may feel, I still need to be here to provide information to these individuals. A lot of times, too, people don't know. Civilians do not know that once in the presence of an officer that they are free to leave unless they are under arrest.

Captain Sam (18:01)

Right.

Nick (18:01)

Some people believe you. We see this time and time again where they'll ask the officer if I. Is it okay if I leave, or can I leave now? Because it's like being called down to the principal's office. You don't just get up and walk out of the chair. You wait to be excused. So I think there's too much going on here at that scene to really put any weight into this idea. She never asked to go to the hospital now, but also she.

Captain Sam (18:26)

She woke up, she's in basically her pajamas. What she was sleeping in little tiny shorts and a T shirt. It's not unreasonable that, again, she might not know how severe the situation is with her husband. And she's like, well, I'd like to get some jeans on and a. And a hoodie and. And go down there. So I. So I feel comfortable.

Nick (18:48)

Well, that is my next point. They say it's suspicious that she seemed to minimize Kevin's injuries. Again, we pointed out prior, she may not have had a good understanding of what those injuries were. She also may have been of the belief that once medical personnel get here, they'll be able to. They'll be able to fix them. They'll put humpty Dumpty back together again. So I. I can't put any weight into any of these. I mean, it would be different if they're like, hey, you want to go to the hospital? Nobody. I didn't never heard anybody 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 like, no, why would I want to do that? I'm not going with him. That's not what happened here. They're just analyzing something that I don't think needs to be analyzed. Now, what were other people's suspicions? Right, let's. Let's set Aside police the detective for a moment, most very close to everyone at that bar has been supportive of Allison. And now that's just really a character assessment. Right. None of them were there at the home, obviously.

Captain Sam (19:55)

Yeah. But they saw their interaction many times together. And so you got friends there, but you. You have close family members. You got people at the bar. Like you said, almost 100% are saying she's not capable of doing this. They were not that type of couple. Sure, they have arguments. Everybody has arguments. But there was no domestic violence. You got to remember, too, she has no criminal history. We have no history of domestic violence within side the relationship. And so some of the people that go to that bar later because of the arrest and all that stuff, there's some. Some people are suspicious of her, but for the most part, everybody in their close circle is supportive that this was an accident and Allison had nothing to do with it.

Nick (20:43)

Yeah. So almost everybody at the bar. And again, like the captain's pointing out, don't just look at it as everybody at the bar that night. No, it's everybody at the bar that night. And it's also these people have been. They've interacted with this couple many, many times. So almost everyone at the bar that they talk to says, Allison's great. Their relationship was good. They're a normal couple. No problems that we ever heard of, ever saw, with the exception of maybe two guys. Right. Two of the guys that were sitting with Kevin that night. And where this comes about is one of the individuals says, hey, after Kevin left, we traded a couple text messages, and it's not uncommon. He says, that's not uncommon. But the last text message I get from Kevin says, putting my phone on silence, the wife. Or I have to put my phone on silent, the wife.

Captain Sam (21:37)

Right. But again, these text messages to me back up Allison's story. I mean, he's saying, hey, yeah, we made it home. We're fine. I'm just listening to some music. I'm just having some more drinks. And then he's like, hey, look, I'm going to put my phone on silence. I'm going to go to bed.

Nick (21:52)

Because the wife or the argument that she said there that we're having, Right.

Captain Sam (21:56)

And the argument was, stop playing 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 messages were sent by Kevin, then that kind of backs up her story.

Nick (22:12)

It may. Again, we only have one of the persons out of that party here to tell us, you know, What? I mean, it's like the. The argument could have been about music.

Captain Sam (22:22)

Right?

Nick (22:22)

That's what Allison says. We don't get to hear Kevin's side of that. Maybe there was no music involved at all. Maybe the argument was about something completely different. I also don't think that that text is descriptive enough for us to have a great idea of what's going on.

Nick (22:41)

It. Like I said, it's a tightrope. Right.

Captain Sam (22:43)

Yeah. I think this. This piece of evidence is really nothing. This is. This. This is middle of the road. Doesn't point one way or the other.

Nick (22:53)

With. With one side, you could fall on guilt, and the other side you could fall on perfectly innocent. 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 detective that they were having marital problems. Now, I also want to follow that up with everyone else that they talked to. Didn't. They didn't say, recognize any marital problems at all. Right. So it's only Kevin's mother that says that. We do have another member of Kevin's family who tells police that Allison gave a different story to them than what.

Captain Sam (23:40)

They told, I believe, is the mother. They. She says, I was asleep on the couch when she heard Kevin fall. And when she told Kevin's mother, she said that they were both upstairs asleep in the master bedroom. So. But again, it's like, is that individual telling the truth? Are they misremembering the conversation? I mean, how many times have you told somebody a story and then you hear them tell the story later, and you're like, that's 50 of what I told you, or are you just making up these details? Because I didn't say that.

Nick (24:17)

Yeah. So if actually the. The story that the mother gives to the detective is very, very different from Allison's story. So according to Kevin's mother, what she tells detectives is she was told by Allison that Kevin was not drinking that night. She doesn't mention the bar. She says Kevin wasn't drinking that night, that they were sleeping together in the same room, and Kevin got up to get a glass of water and fell down the steps. That's the story that the mother gives. It's Kevin's brother who gives a story very, very similar to the one that you just passed along. Which then if we are to believe Kevin's mother and the brother, which I guess I have no reason not to, but then that would put us at three different stories here as to what happened that night.

Captain Sam (25:17)

And again, I agree with the detective in this case by saying, well, Allison is minimizing certain things. Is this part of the minimizing? You know, oh, we weren't really drinking, or was 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?

Nick (25:38)

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 want to include this here, I take it with a grain of salt, because what happens here is the coroner says this is a homicide. Mom and brother could be swayed emotionally for a million different reasons. Those stories are very different. I don't know if those are the stories that Allison, in fact, told them. 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 stated by one of the medics. So we have a medic helping on the scene.

Nick (26:27)

And this EMS personnel.

Nick (26:31)

Says that, quote, wife advises that she never heard anything and that it had been a while since she had seen her husband. She further advises that he came home from the bar at approximately 1am that morning and. And that might be the last time she had seen him. She states that Kevin had no medical history. End quote.

Captain Sam (26:57)

That's fishy.

Nick (26:58)

It's very fishy. But it's also, isn't it. It's very, like, vague and it's very short. Like, I wanted a little bit more. Like, what. What do you. Do you know what she meant or what do you think she meant by that may have been the last time she saw him? Because if. If that's. If that statement is 100 factual, what that means is that argument that she told to the detective and told to the police officers when they arrived on the scene, according to that statement, that argument never happened.

Captain Sam (27:31)

Yeah, and the problem is, is the first responders and the detectives, they. They don't know her personally. We have other friends. We have her best friend. We have her father explaining that she seemed out of it. She wasn't super emotional, but she just seemed.

Captain Sam (27:52)

Way off of the way she normally was because of all the stuff going on with her husband. And so I, I put some weight to that because where they go, oh, well, she's not reacting the way she should. Maybe she just simply was closing off. Like one of the officers claims. One of the officers says on the body cam, I think she's just in shock and doesn't know what's going on. And if somebody's in shock and saw their husband laying on the ground. She can't help him. She calls 91 1. This is a freaking nightmare. How the.

Nick (28:31)

How.

Captain Sam (28:31)

How is she suspicious? How is she? We can't determine how she's supposed to act.

Nick (28:38)

True, I agree. I do. If if that again though, if that statement from the medic is 100.

Nick (28:50)

She looks very, very guilty to me.

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Captain Sam (33:24)

All right, we are back. Cheers, mates. Talk. Hands in the air. Cheers to you, Colonel.

Nick (33:31)

Cheers to you, Captain. This is going to further complicate things because it is not until.

Nick (33:41)

I believe it was in. So the fall takes place in August, October 17, 2023.

Captain Sam (33:49)

I want to say that it took two months for them to rule it, roll it officially a homicide, and then it took another two months before she was actually charged.

Nick (34:02)

Yeah, so I, I think this, this is the problem part where I'm, I'm questioning the information, but I, I believe that it's accurate. It just seems strange. It seems a bit strange here. So now, keep in mind, they're not talking to the detectives. Never talked to Kevin's mother until September. Right. And the fall or the murder, whichever side you, you believe, took place in August. So we know that the coroner did rule it to be a homicide, and I would have to believe that that would be shortly after conducting the autopsy. So very likely 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 notes say Oct. 17, 2023, made it an official homicide, and then there wasn't a warrant for an arrest until December 22, 2023. And yeah, Allison, as soon as they announced the warrant for her Arrest, she turns herself in.

Captain Sam (35:14)

Yeah.

Nick (35:15)

Then we have more delay. Now, I'm not going to. I had an issue with this, but I. But as I sit here now in front of you, Captain, here in the garage, I don't feel so strongly about this opinion. Before I was. She sits in jail for 17 months before the trial starts.

Captain Sam (35:34)

Yeah.

Nick (35:35)

And that irked me to no end prior to my arrival here at the garage. Now that I sit here in the moment, I can say, I should point out this could be at the request of her defense.

Captain Sam (35:49)

Yeah. Because, you know, the state already has some experts. So the defense is going to have to get their expert. He's going to have to spend time coming up with his findings. And then obviously, then the question becomes, how many experts did they have to go to to get somebody that disagreed with the state's findings? I don't know that. And would never be, I think, privy to that information. But she goes on trial. I don't think the trial lasted that long.

Nick (36:20)

Here was the other problem that I had with this, this case was I was a little shocked that they took it to trial.

Captain Sam (36:27)

Yeah.

Nick (36:27)

Because to me, here's what it felt like, Right. You, you have no murder weapon.

Captain Sam (36:32)

No murder weapon. You have no official motive.

Nick (36:36)

You have no witness saying that she attacked him.

Captain Sam (36:38)

You don't really have any buddy coming out of the woodwork saying, well, she had an affair or she had this. I mean, she had to turn over their phones. They didn't find anything suspicious there. And nowadays with social media and people feeling lonely and wanting a little attention, there's no mention of that. And so.

Captain Sam (37:03)

The difficult thing here is you go, well, this just doesn't look like a fall down the steps. And we didn't collect the necessary evidence, but we're going to take it to trial anyways. And I think there were just. The problem here is when you have one expert saying, well, this is a homicide, and you have another expert saying, no, not so fast, this is a fall and one can explain it better than the other. 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 back before O.J. but you watch a bunch of O.J. documentaries, they tell you the prosecution is going to tell a story and 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 problem with the investigators and the prosecution is they couldn't tell you a complete story. They told you a Very vague story. Well, we think maybe this happened. We think maybe she hit him with a bat or a kettlebell or some other object. We don't have that object. That object doesn't exist. So I think this, or if it.

Nick (38:15)

Did, or if it does, we never found it, and we don't have it here in court to show you today.

Captain Sam (38:20)

Yeah, and I agree with. I could see this one just going, we don't have enough evidence. Let's just not pursue this. Because if you pursue it with less evidence and you lose, it's done. It's done. You can't charge her again.

Nick (38:37)

When looking at this and examining this, this one feels a little bit like the game of Clue to me. Right. It was Mrs. Davis in the foyer with the candlestick. And then you have to reach into the envelope and see if you got. Right. It's. It's almost like a Hail Mary shot. But I think the reason why you pursue.

Nick (39:02)

The murder charges and do take it to trial is simply this. The. The. Your medical examiner, your coroner, ruled this a homicide. Therefore, as far as the state of Indiana is concerned, this was a murder. Every person statement of that night is there were two people in that house, including Allison's statement.

Captain Sam (39:31)

Right.

Nick (39:31)

Two people in that house. One of them was murdered, one of them was not. Who's your killer? I could have solved this one with the first episode. Right. If that is true, if he was in fact murdered and everybody, including her, is saying there were two people in the home who, one was murdered, one was not, well, then it's the last man standing that is your killer. So I think they were really hanging their hat on that fact. Our 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 present to you, but we don't. And we don't have that evidence because we didn't secure the scene. And then we allowed Allison's father to go into that home at some point that morning. In which the father says, I let the dog out, Willow. The dog had been cooped up in that master bedroom. The dog needed to 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 there, I cleaned up some of the blood, but we asked for permission to do so. Yeah, the detective said, go ahead. Go ahead, clean. Clean it up. I want. Here's. Here's what was missing from the Death in the stairwell 48 hours episode. When was that? Conversation. This man wasn't pronounced dead until 1pm he was taken to the hospital before 5am or around 5am at the latest.

Captain Sam (41:04)

Right.

Nick (41:06)

When. When did dad ask the detective, can I let the dog out? Is it okay to tidy up? If. And that's what I wanted to see, because that's what the detective should have been pounding into our souls and our thoughts of. Yeah, he asked me that. I gave him the go ahead. But the man was still alive when I said that he could do that. I'm guessing, because we're not hearing that argument, that unfortunately, Kevin may have been dead at that time and it was a really bad call.

Captain Sam (41:38)

Well, let's get to the trial and what the jury concluded.

Nick (41:42)

Well, before we get to that, we should explain that. And we're nearing that, my friend. Don't you worry. We should explain that the expert that the defense team presented did explain why and how the injuries may look like they weren't caused in the manner that one might expect with a fall down the stairs. Is that there. There was a very sturdy banister at the bottom of those stairs. And their expert is simply saying those. That head trauma was caused by him hitting that banister during the course of that fall.

Captain Sam (42:19)

Well, that's the. That's what I was saying in the first episode. It's. I've fallen off steps at the top. Sometimes you fall halfway down, and I've fallen off right towards the end. You're just not paying attention. And when you have the lawyers go into the house, you have detectives go into the house, you have the EMTs go into the house. Everybody that's been in that house and that tried to go up those steps said, these are steep steps.

Nick (42:48)

True.

Captain Sam (42:49)

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, then falls and hits the wall. And, and, and again, like you said with the crash test dummies, I think that's a great analogy. You could, you could. You could replay the scene a thousand times, and the victim ends up in a different location with different injuries and a different outcome.

Nick (43:17)

I agree 1000% here, because I heard both explanations and read the report from the coroner. I thought both of them, to me, a layperson, both of them sounded very plausible. I agreed with both opinions on how these injuries took place. I think it goes back to our whole crash test dummy thing of if you, you know, throw one of those down the stairs a few times and see what happens, you're going to get a different injuries different result.

Nick (43:55)

Many of those times. One thing. Here's one thing I wanted to find, desperately wanted to find.

Nick (44:06)

And maybe this will be out there at some point. Maybe it's already out there and it's. And it was just too far down to dig or it's not been made public. The. How good were the photos of the scene that you saw, Captain? Because you did. You noticed something I didn't notice. So I'm thinking you may have seen better photos than I have. When you mentioned the blood on the. The AC unit.

Captain Sam (44:34)

Well, the blood was on the floor under the AC unit. But again, when you see the body cam footage of them enter that room.

Nick (44:43)

Okay. There's no.

Captain Sam (44:44)

There's not a giant puddle of blood.

Captain Sam (44:47)

You can see that with your own freaking eyes.

Nick (44:49)

Right.

Captain Sam (44:50)

And so then when you see the crime scene photos and you have these giant puddles of blood, you go, well, how the. How'd that happen?

Nick (44:56)

There does appear to be a rug.

Nick (45:02)

That would have been in that area that. That appears to have been pushed aside. So I don't know if the blood seeped into that rug.

Captain Sam (45:10)

Right.

Nick (45:11)

So it's. It's kind of. It's not a. It's like a welcome mat almost. It's on the inside of the. The front door where most people put a small rug.

Nick (45:21)

That appears to be pushed aside. What I didn't see, and maybe the rug prevented this from happening.

Nick (45:28)

I didn't see.

Nick (45:31)

Because there was a third.

Nick (45:34)

There was another in that home that night, the dog.

Nick (45:40)

I didn't see any.

Nick (45:44)

Paw prints made by the blood.

Captain Sam (45:47)

Yeah, again, and that I wouldn't know because I'm not privy to their. Their personal life. Some people have a dog. They. They have a cage in their. Their master bedroom, and they put their dog in the cage when they go to sleep, you know, depending on how that dog acts when.

Nick (46:06)

When you're asleep again, though, if you can kennel. If you're kenneling that dog in that master 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 asking to go through the home for cursory search. So I don't know. You're right. We don't know if. If the dog was kenneled or not, but all the scenes that I've reviewed where someone is murdered inside of a home, where there's blood evidence inside of a. Dogs walk through that. They just do. Now, I actually thought that that would point a little more toward the idea that he. He had fallen. Now, again, I'll. I'll flip over to Alison's side, because one thing that I don't recall seeing in that 48 Hours episode that I later learned was.

Nick (46:59)

Kevin was. When he was found, he was only wearing underwear. Now, look, all of us are different. We all party a little different. Maybe he was cranking up the music, having a few beers, chilling in his underwear. There are plenty of guys that do that. And I know I'm not every man out there, but the lesser amount of clothing, the more it tells me the man may have been sleeping.

Captain Sam (47:24)

Yeah.

Nick (47:24)

And if he got up to get a glass of water 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.

Captain Sam (47:35)

Yeah. But again, if you. If you put your dog in the cage when you're asleep and you get up to get some water, you slip, fall and hit your head, the dog's still in the cage.

Captain Sam (47:46)

So that's. That's not crazy. And again, I think we differ 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 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 I think that's what's going to weigh on this detective, now chief of Police's brain forever.

Captain Sam (48:16)

Would I have found a baseball bat? Would I find a kettlebell or something to that effect? Would I find something? But again, you could find a flashlight, whatever you find. The thing is, is there's. There was no evidence, just looking at Kevin, of this injury. So I 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 if you're going to find any blood evidence on those items, if they were even in the bedroom at all.

Nick (48:50)

This one's. This one's a real difficult one. It's. And it was a bit of a long time coming, like we had said, over a year and a half later before the trial actually starts. And the trial was running back in May of this year, went to deliberations on Friday, May 9, 2025. And we do get a verdict here. I think. I think the members of law enforcement thought that this might be a trial that would get revisited.

Captain Sam (49:26)

But, yeah, maybe it'd be a mistrial.

Nick (49:28)

Mistrial. But they deliberated until. So it was four day.

Nick (49:36)

They deliberated for more than six Hours at the end of a four day jury trial. As said it was in May of this year and.

Nick (49:47)

They found Allison Davis not guilty of the murder of her husband's death. And 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 and looked at it, I don't have a strong opinion. My, my only strong opinion is I get why they charged her. I get why they brought it to trial. I also fully understand why the jury said they're not saying she didn't kill her husband. They're saying we don't have enough to tell us that she did.

Captain Sam (50:21)

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 prosecution told you a story with holes in it. Well, we think she murdered him. Well, why? Don't know. With what? Don't know. There's so many parts of their story of we don't know. And then the defense teams, their story is pretty complete. We have this expert that says this is what happened to Kevin. So that backs up all of the story that Allison gave us. And we have nobody saying that she is capable of this crime. We have no history of violence, we have no criminal record. Even after the verdict is read, her mother in law says I accept the findings. She is still my daughter in law. And, and to me that, that, that's some weight to it too. She 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 heard, I know what I know.

Nick (51:33)

She said she accepts the verdict. Yeah, yeah.

Captain Sam (51:36)

And she says she's always going to be my daughter in law. So again I think it's, I can see where the suspicion was and I applaud them for to go just for the idea of something seems off, let's look into it. But the problem is they're like something seems off, let's look into it. Half ass. And by having it be half ass, you had a half assed trial, half ass evidence, half assed story of what happened. And, and yes, they don't have to prove what the motive was and they don't have to tell you 100% why what happened happened. But if you can't tell a complete story and fill in the gaps for the jury, I don't see how the jury could come to a solid conclusion. I think it just goes down to we have two experts. It's kind of like when there's two fouls on a football field. They cancel each other out. So now there's no, no foul on the play. Repeat the down. And I think that's what happened here. And so it's like I could see. Anybody that's into true crime should dive into this case. Don't just take our words for it, dive into it yourselves. This is a hard one to jump on one side of the fence or the other. But I think it's easy to say. I think the jury got it right. Prosecution couldn't tell their story complete. The defense team did. And she spent 17 months.

Captain Sam (53:16)

In jail because of it. And if she's innocent, she loses her husband, she loses her freedom. This is, this would be devastating.

Captain Sam (53:33)

Want to thank everybody for joining us here in the garage each and every week. Thanks for sharing the stories. Thanks for sharing our podcast on your social media. It means a lot. It helps keep the lights on. Onward and upward, my friend. Colonel until next week.

Nick (53:49)

Be good, be kind, and don't litter.

Captain Sam (53:55)

Sam.

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