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Testimony continues in rap concert killing

Testimony resumes Monday in the first-degree murder trial of Terry Gaines, who is accused of shooting a Colorado Springs man to death following a rap concert.

The trial, now in its second week, recessed Thursday after a juror had a family emergency.

Gaines, 24, is accused in the April 2, 2009, fatal shooting of Michael Allen Davis, 27, in a parking lot outside the Mr. Biggs Event Center following a concert by California rapper E-40.

Prosecutors have called the shooting a senseless, cold-blooded murder, in which Gaines fired nine shots from a .45-caliber handgun. Later, while leading police on a high speed chase south on Interstate 25, police said Gaines told them “What are you waiting for…Let’s go to jail.”

Attorneys for Gaines contend the shooting was in self-defense. They claim Davies had made threatening gun-like gestures at Gaines during the concert. They said Gaines later opened fire when he saw Davis lurch within a car, as if to grab a weapon.

Last week, prosecutors called several witnesses who attended the concert with Davis and who were nearby when he was shot.

Jamar Vaughn said he was seated in the driver’s seat of a Mercedes after the concert, with Davis in the front passenger seat. Vaughn recalled hearing a man say “Do you remember me?” just before opening fire from the passenger side.

Vaughn said he saw the muzzle flash but didn’t see the gunman’s face.

“I didn’t know what was happening,” he testified. “Everything was so quick.”

Vaughn said he did not see Davis make any motion as if to grab a gun.

Jarvis Jamal Smith testified that he had placed his loaded handgun in the Mercedes just prior to leaving for the concert. No one else knew the gun was there, he said.

Smith’s testimony conflicted with an earlier statement he gave to police in which he said Davis had asked him for the gun and that Davis put it in the car.

When Deputy District Attorney Gail Post asked Smith about the difference between the two statements, Smith replied “I don’t know. I was scared. I was probably worried about myself.”

Witness Torr Carr testified that he saw no confrontation between Davis and anyone inside the concert that night.

“He never left my eyesight,” Carr said. “He didn’t have no problems.”

After the concert, Carr said he and Davis were separated in the crowd. The next time he saw Davis was in the car after he had been shot.

“He was looking at me, breathing real slow,” Carr told the jury. “I was looking at a man dying and ain’t nobody doing nothing about it.”

The trial is expected to continue through the week. The Gazette will be live blogging from the courtroom. Visit “The Sidebar” blog at http://thesidebar.freedomblogging.com for updates and the verdict.

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