The trial of Joshua Davis, the man accused of killing two Polk State College students and injuring another in 2012, continued Thursday with the testimony of the survivor, Esteban Zavala.

  • Zavala shot in the head and leg on April 24, 2012
  • Zavala and defendant Joshua Davis were friends, co-workers
  • Davis' statement said he shot Zavala, other victims in self-defense

"He just had a gun in his hand and he just kept firing," Zavala told the jury and the prosecutors.

The shooting occurred at Davis's apartment in Winter Haven on April 24, 2012. Zavala told the court back then he considered Davis a friend, and that they had worked together at McDonald’s for at least four years.

A Promise Kept

Zavala said on the day of the shooting, he went to Davis's house with longtime friends Christian Rodriguez and Joe Palacios, also students at Polk State College. He said it was common for him and Rodriguez to smoke marijuana, and they had decided the day before to smoke one last time.

They included Davis in those plans, since they had promised him at work they would smoke with him one day.

According to Zavala, the group went to the apartment, ate, then went outside to smoke while Palacios watched Davis's daughter inside. Upon returning, Zavala said they were laughing and looking at each other.

Zaval said at that point he looked directly at Davis, who then abruptly got up and went to his bedroom. Shortly after that ...
 
"I saw a flash and then I heard a bang," Zavala said.
 
That's when he saw Davis with a gun.

"I didn't know what to take of it," said Zavala. "I was shocked. I was surprised. I didn't know how to react. I remember we were getting up because that's when we realized he was shooting at us."

Fighting for his life

During Joshua Davis’ recorded statement played earlier in court, Davis admitted to detectives that he shot Rodriguez and Palacios execution-style because he wanted to make sure they were dead.

Zavala said he then convinced himself to fight for his life. He and Davis tussled with the gun.  

"The only thing that was going through my mind was, 'I guess this is how I'm dying,'" recalled Zavala. "I remember hearing that click and that's when I remember falling backwards."

That’s when Zavala realized Davis had run out of bullets. Zavala then fled the scene.
 
Davis’ recorded statement told a different story.

Davis told detectives he was worried something happened between Palacios and his daughter while he was outside smoking. When they returned to the apartment, he recalled getting really scared, as the teenage boys were talking to each other and he couldn’t make out what they were saying.

The defendant then described getting a bad feeling that sent him to get the gun, to protect his daughter and his house.
 
Davis’ defense attorneys said their client is claiming self-defense and insanity. One of his attorneys, Julia Williamson, made a motion declaring a mistrial after the recorded statement was heard in court Thursday, citing what she deemed as inappropriate comments from law enforcement about the execution style shooting.

The motion was denied.
 
If convicted, Davis faces up to life in prison.