An eerie black and white video with no sound was played for a jury Wednesday from a surveillance camera located outside the home of Timothy Claytor, which captured the shooting of 46-year-old Dale Holloway on Aug. 30, 2012.
Claytor is being charged by the Commonwealth with murder for shooting and killing Holloway as he stood at his front door almost two years ago.
Claytor, who claims he shot Holloway in self-defence, could clearly be seen in the video opening his door with Holloway on the other side, sticking a .22 caliber pistol out and shooting him. Holloway never made it inside the residence.
Holloway, who fell to the ground after being shot, did not immediately die from the three gun shots wounds, but instead can be seen on the video rolling around on the ground for several minutes before finally succumbing to his injuries.
The Logan County Sheriff’s Department was called out to Claytor’s home on T. McReynolds Road at approximately 10:22 p.m. on Thursday, Aug. 30, 2012, after Claytor shot Holloway. According to Claytor’s attorney Stewart Wheeler, Claytor called 911 within a couple of minutes after the shooting. Upon arrival, officers discovered Holloway unresponsive in the front yard.
Most of Wednesday’s trial was filled with jury selection and testimony from detective Kevin Bibb of the Logan County Sheriff’s Department, who was off duty, but on-call the night of the shooting. Bibb responded to the scene and handled most of the investigation.
Bibb collected numerous pieces of evidence from the scene of the shooting, most of which the Commonwealth entered into the record Wednesday. Some of that evidence included the gun Claytor shot Holloway with, cell phones belonging to Claytor and Lori Ann White, a monitor which was used by Claytor for his surveillance system, other guns found loaded at the residence, and two of the three front steps Holloway climbed before being shot. The steps had a few drops of blood on them.
“It was 31 seconds from the time Holloway pulls up into the driveway, to the time he was shot,” said Commonwealth Attorney Gail Guiling in her opening statements to the jury. “You will see Holloway pull up, follow the stepping stones, see him brace himself on the side of the door, see the door open, Holloway fall slightly over, and then Claytor fire the fatal shots.”
Claytor’s attorney, during his cross examination of Bibb, notes that Holloway was almost three times the legal limit of intoxication (0.214) at the time of the shooting, and believes a photograph showing a skid mark behind the tire of the car Holloway drove to Claytor’s house, proves he was angry when arriving. Wheeler further stated during his cross with Bibb, that he found it odd that Holloway left his car running and his lights on after getting out to approach Claytor’s home.
“What did you think he was going to do, sit down and have a beer with him,” said Wheeler to Bibb, who replied he didn’t know what Holloway was doing.
Holloway was unarmed at the time of the shooting.
It was reported soon after the shooting that Holloway was coming to Claytor’s house to find Lori Ann White, who according to Guiling, had spent the day with Holloway, went to bed the night of the shooting with him, got up after going to bed and was taken to Claytor’s home by a friend. According to Guiling, White had a previous relationship with Claytor, and still considered him a friend.
After Holloway was shot, White can be seen on the video exiting Claytor’s home through the front door and walking around Holloway while he was on the ground rolling over, sitting up and falling back down. A couple of times during the video, Claytor can be seen opening the front door and shining a flashlight on Holloway, but he never leaves the house until law enforcement arrive.
Claytor wasn’t arrested until hours later after he was interviewed by Bibb and other law enforcement. Wheeler questioned why Claytor was allowed to be “free” for hours after the shooting if police thought he had done something illegal.
The trial is expected to last into next week. The next scheduled date is Friday, May 30 at 9 a.m. Next week the trial is scheduled for Monday, Tuesday, Wednesday and Friday at 9 a.m. depending how long it lasts. There will be no court Thursday, June 5.