I don't think KM had time to give Josie back the phone - not at the time she pointed her out. KM didn't even walk over to Josie - just pointed - Treacy took it from there. No, IF KM sent any messages - she did it and then gave the phone back to Josie before Treacy got there.
Maybe Josie started with Treacy - KM walks up, takes the phone and has a "tit for tat" message game with Treacy, then hands Josie back the phone - Treacy then starts going after Josie, getting pretty nasty - KM tells Josie "something" about Treacy's brother and Josie took it from there.
I'm not real sure that Josie didn't send the message. IT DOESN'T MATTER! But, knowing that fact helps us "sleuth" out what went down and how.
KM knew Treacy was "enraged". He tried to attack the wrong girl - until KM told him that it wasn't Josie. KM knew - first hand - eye contact - in person - with Treacy to see the rage he was exhibiting! Whether KM had any involvement in the messaging, we don't know.
Regardless of who sent the "disparaging" message to Treacy - doesn't matter. He belongs behind bars - for a long, long time. If it hadn't been Josie - if things would have gone differently - you can bet, it would have been someone else. One of his buddies or the next person that "crossed him".
O/T - We have a trial that started here today. A 27 yr old middle school teacher starved her two cats to death. She abandoned her apartment with the cats inside. Moved into her new boyfriend's - went on vaca down to the Keys, etc. - while those two poor kitties starved to death. Anyway, she is facing 20 years! YEP! 20 years. I don't think she'll get 20 - IMO 5 would be about right and the loss of her teaching license. Now, hearing that - someone starves two cats to death and faces 20 years - Treacy stomps poor Josie's head in and faces attempted murder - he should get 20 years (more in my opinion) - it will be interesting to see how it plays out - dontcha think?
Prayers for Josie and her family.