wildebeest, the problem I have--as I've stated before--is the statement Dan makes to whoever was on the phone: "Someone's in my driveway." He didn't say, "Someone's car is in my driveway," or "Hey, somebody just appeared in my driveway," or "Someone's walking up my driveway." Because those statements, and all their variations, mean different things.
My issue is I believe Dan would've described whatever he saw. When I read, "Someone's in my driveway," that describes someone stationary, whether sitting, standing or lying down. If the person were doing pushups, Dan, I think, would've said, "Someone's doing push-ups in my driveway."
The way I see it is this: If Dan actually was in his garage before seeing "someone in his driveway", at that point the killer would've been moving toward Dan's car in a hurried motion. So, I think Dan would've noticed this and said something like, "Hey, someone's coming up my driveway" or "Hey, someone's running up my driveway" or "Why is that guy coming toward my car?" Furthermore, I think Dan would've ended the phone call if he noticed someone coming up this driveway and into his garage. Right? But he didn't--in fact, he was on his phone when he was shot. So, he mentions seeing someone in his driveway, probably surprising him . . . but he stays on his phone? There's something about that that doesn't seem logical to me.
As much as it makes sense to some of you that you don't think Dan would've opened his garage door with someone in his driveway, I think it makes a lot of sense that there's no way he stays on his phone in his garage if he suddenly sees someone in his driveway.
I'd also add that the last thing you're doing when pulling into your garage is looking in your mirrors--you're looking straight ahead to make sure you don't hit anything. But the only way Dan could've seen anyone in his driveway was to look in his mirrors. Remember: He was shot in his jaw--meaning his head was straight forward when the bullet hit it. So, another question: If he sees someone in his driveway, and that person is moving toward his car, why doesn't Dan turn his head to greet the person when the person gets to the side of his car? If Dan turned his head toward the killer, he would've been shot in the chin or face--not the jaw.
Also, Dan's window was up--hence it being shattered. If he sees somebody coming up his driveway while he's sitting in his car, doesn't he roll the window down?
All the above is why I still believe Dan saw the person in his driveway before he ever got close to parking in his garage. He saw somebody in his driveway. He passed the person and parked his car. Dan, probably expecting to finish his call first then see what the person wants, is on his phone, not seeing the killer come into the garage. The killer gets to the driver's side door, points the gun, and murders Dan before Dan even realizes anyone is standing beside the car.
I will state this for about the 30th time: If we knew the time span between Dan's statement and the gun shot, this could all be cleared up.
