At 9:30 PM on the night of the 15^th, David McGaha got off work in Duluth 12 ½ miles from the muffler shop driveway. He was his way home a few minutes later. Driving north on Peachtree Industrial Boulevard, he estimated that he passed the Gwinnco Muffler Shop at 10 PM and observed a late model Buick or Oldsmobile sitting alone in the driveway.

Mr. McGaha overestimated his drive time by about 5 minutes because, as it will be established by the next driver, the police vehicle arrived in the driveway about 9:57 or 9:58 PM. If he passed the driveway after the police vehicle had left it would have after 10:05, making his driving time from Duluth over 30 minutes instead of the expected 20 minutes that other drivers from Duluth were experiencing.

At trial, Danny Porter tried to use the testimony of this witness to show that the police vehicle had departed the Gwinnco driveway after Mrs. Thompson had been murdered. In reality, Mr. McGaha passed the muffler shop before the arrival of the police vehicle.