ORANGE COUNTY, Fla. -- A former Orlando Police Department lieutenant on trial for killing his son will be in court Monday.
Tim Davis Sr. said he shot and killed his son Tim Davis Jr., 22, in self-defense.
The defense tried to dismiss the case at a “Stand your Ground” hearing, but a judge denied the motion, so now it will be up to a jury.
“This is very emotional, and it's emotional because it's a family that's involved,” said WFTV legal analyst Bill Sheaffer.
Davis Jr. was shot and killed in Oct. 2011.
Surveillance video from Davis' Apopka home caught the incident on camera.
Investigators said the father and son got into an argument, and at some point Davis Sr. went to his car and got his gun, shooting his son twice.
However, the fatal shot was fired off-camera.
"You usually don't have video on the “Stand your Ground” argument.
We do in this case, but don't forget the defense will argue, ‘Wait a minute, the video doesn't tell the entire tale and what we see in the video is open to interpretation,” Sheaffer.
Prosecutors said the shooting was premeditated because Davis Sr. had time to go to his car and get a gun.
WFTV found out Davis Sr. allegedly told Apopka police officers he just "lost it" because he was arguing with his son about the custody of Davis Jr.’s son.
Davis Sr.’s 9-year-old-daughter, Tyra, saw the shooting, and despite what was recorded on camera, she defended her 48-year-old father at the "Stand your Ground" hearing last year.
"He fired into the air and it came down and got him. It got Timmy,” Tyra said.
Jury selection begins Monday morning.