Timothy Davis Sr. on Trial for Killing Son

A Florida man tried to have charges dismissed under the "Stand Your Ground" statute.
2:19 | 02/12/13

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Transcript for Timothy Davis Sr. on Trial for Killing Son
going to bring in "gma's" legal analyst, dan abrams. Looking at that surveillance tape, it's hard to see how he claims self-defense. He does look like it's a deliberate act of revenge or anger to shoot his son. That's why his testimony is going to become so crucial. He's going to have to testify in this case. He's going to lay out, as he did in the stand your ground hearing, what was going through his head, why he was doing it, why he felt this was self-defense. Why he felt this was justified. And regardless, you would think that the effort here would be to get these jurors to feel for him. To feel bad for him, regardless of what they think led up to this incident. The stand your ground defense that we heard in the trayvon martin case, also in florida. This was already dismissed and thrown out by the judge. He refused to drop the case based on stand your ground. Does that mean there's not going to be much of a chance of self-defense working in this case? In the stand your ground hearing, what the defense is saying, I should be immune from prosecution. Meaning, prosecutors shouldn't even be able to move forward with this case. The defendant has the burden to demonstrate that. The defense presented its evidence. The judge said, absolutely not. We're moving forward with this case. But now, the prosecution will have the burden to prove beyond a reasonable doubt. And again, I think there's a fundamental difference between this heartbreaking testimony that I think he will present to a jury, versus to a judge, where it's just a strictly a legal issue. What we don't see on that videotape is w preceded this encounter, what the history was between this father and son. But the key is going to be what is happening in those very moments. So, when you see the father shoot that gun, he's going to say, wait a second. After that, what happened was, he started coming at me. And I had to defend myself. He's going to say, I went to the car to get the gun to defend myself, to protect myself. One of the problems is going to be that's inconsistent with other statements he's made to the authorities, where he said he just lost it. So, this is going to be a tough legal case for him. But if he can get these jurors to feel for him, if he can get a lesser included, something like manslaughter, that could be a win for him. And obviously, children at stake, witnesses. 9-year-old child who witnessed it, has to testify. Dan abrams, we'll hear more as the story develops. Let's go to sam and a look

This transcript has been automatically generated and may not be 100% accurate.

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