Judge denies former Orlando cop's motion to throw out evidence

Timothy Davis Sr. charged with shooting, killing son

ORLANDO, Fla. - A judge denied the motion of a former Orlando police officer, who is charged with shooting and killing his son, to get evidence in the case thrown out.

Timothy Davis Sr. was charged with second-degree murder with a firearm after he told authorities that he shot his son during an October 2011 argument about a custody dispute over his grandson.

At the hearing on Monday, Davis' attorney argued that the original search warrant from Apopka Police was too broad and wants the surveillance video of him shooting his 22-year-old son, Tim Davis Jr., thrown out. In the video, Davis is spotted grabbing his gun out of the car and pulling the trigger. He claimed the shooting was in self-defense.

Davis said the search warrant gave detectives the authority to seize narcotics even though the case isn't drug-related. The judge ruled on Monday, as Davis was in court, that the drug reference in the search warrant was likely an innocent cut-and-paste word processing error and didn't invalidate the warrant.

The judge ruled that the warrant issued was proper.

Other than the video, the defense was trying to get some bullet casings, a bloody jacket and some photographs kept out of evidence. Davis' lawyer told Local 6 it's possible he may try again to get the evidence suppressed under different legal grounds.

The trial is set for October 2012.

Watch Local 6 News for more on this story.

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