From the Inquirer. This largely matches what I saw.
Anyone who wants to take a close look, I would recommend screen capturing the video and slowing it down. You can pretty clearly see the following action happen:
On the video, the two groups walk toward the cameras mounted outside the Fox29 studios at Fourth Street and Market: Ung and friends, then DiDonato and his friends about 10 feet behind. Kelly, recognizable in a white cap worn backward, darts into Market and walks ahead to flank the trio.
Ung kicks at Kelly, backs up, and holds up a gun. Suddenly, DiDonato moves forward and appears to lunge at Ung.
Twice Kelly rushes to the sidewalk at Ung. The first time he is pushed away by the woman. The second time, he gets through.
And that’s the point where Ung starts firing. It looks as if DiDonato fell onto Ung, which can explain why Ung kept firing. It would be difficult to tell the difference between someone falling on you, and continuing to attack you.
You switched the order of the sentences in your quote. The original article says:
“Twice Kelly rushes to the sidewalk at Ung. The first time he is pushed away by the woman. The second time, he gets through.
Ung kicks at Kelly, backs up, and holds up a gun. Suddenly, DiDonato moves forward and appears to lunge at Ung.”
It makes a difference because DiDonato didn’t get involved physically until the end, after the gun had already been pulled out.
Check the guy in the white hat (Kelly?) at 2 second mark just as he approaches the light pull. Notice his right hand, going for a concealed gun. At 14 second mark the white hat guy has a gun. The girl seems to be bravely pushing back the guy to defuse the situation.
The white guy stopped at the curb once Ung pulled his gun and then was tackled
I haven’t seen mention of Kelly?/other team having a gun and they pulled it out first. Did I miss that?
Pull …. I meant pole
Kelly did not have a gun.
That’s what I thought I heard but look at these screen shots….
In this first one, either he’s adjusting his underwear OR going for a concealed gun, IWB, right side at 4:30.
http://screencast.com/t/pusrKntIjsck
http://screencast.com/t/vHGcnpXpw
Here is where Kelly rushes Ung and the White Hat guy’s gun is displayed
http://screencast.com/t/kwrQIm6lL
It looks like he hides the gun in his jacket sleeve. If that is indeed a gun and I think it is, that makes Kelly a smooth gun handler. His moves are professional … notice how smooth his draw is, no fumbling with clothing, how he gets behind cover/concealment when he does the draw, and he stays on the flank and the gun is hidden from everyone by being positioned on the street side. Is Kelly an ex-cop?
If he had a gun, the police would have pulled it off him.
I’d like to see the missing seconds between the cut from one security camera to the other – it looks like those are the critical moments where the actual physical part of the confrontation begins, and there’s a definite jump between the two segments.
It still looks like self-defense, though: one person against multiple aggressors, he didn’t pull the gun until he was physically assaulted, and he didn’t fire until he was physically assaulted a second time by one of the other aggressors.
@Sebastian – didn’t a couple of the DiDonato party exit before the police arrived?
“If he had a gun, the police would have pulled it off him.”
If he was arrested yes but not as a witness. Crime scenes are chaotic and most cops pursue the obvious….. shot guy on the ground= victim …. guy with gun = murderer …. Everyone else = witnesses.
Do you know that he was searched by the Police? Assuming my theory is right that its a gun or other type weapon such as an ASP, he’s a smooth operator. Everyone else was weaving around. This guy was straight line flanking. He could be skilled enough to hid the weapon so nobody would see it.
The first time I watched the video I thought the guy in the white hat was going to be the shooter because of the part captured in Mike’s third screenshot. I could swear he was holding a pistol there.
I have now watched this video over 100 times. I would be very surprised if the jury comes back with any verdict other than not guilty and allows a self defense defense.
The video is incredibly damning against the victim of the shooting.
@ mike from Philly,
Though you could be right, It would not surprise me that a young urbanite who wears his baseball hat backwards needs to adjust his overly loose trousers, which is what it looks like to me.
If he did have a gun, is it not odd he became the most passive looking participant later in the scuffle?
If anyone has contact with Ung’s attorney, they should let them know that it should be possible to find some “expert” who would testify that white hat appears to be armed and was going for his weapon. Regardless of whether he is or not, this could throw considerable doubt into a jurors’ minds about whether Ung’s attackers were actually “unarmed.”
A good defense attorney should always be willing to introduce any element which can sway a juror towards their client’s POV.
I think it’s known as a “furtive movement consistent with accessing/drawing a concealed weapon”. Cops shoot people when they see this sort of movement during an approach or arrest. And the courts have held it is acceptable to use as a reason to shoot.