State of Georgia

County of Gwinnett

Affidavit of David Delamar

Comes now the affiant, herein David Delamar, who, first being duly deposed and sworn states as follows:

1.  Jeremy Allen and myself were at Mr. Allen's house discussing going across the street to the gas station to rob drugs from a drug dealer. Mr. Banks was not in the room when we had this discussion.

2. Mr.Banks had no idea what was going to happen when they went across the street. They simply asked him if he would like to walk across the street with them to the gas station and he did.

3. When they got to the gas station Jeremy Allen began to argue with the individual selling the drugs. He then grabbed the drugs and all three of us ran to get away. The drug dealer chased us.

4. I was carrying Jeremy Allen's gun. I tripped over a fence and fell down. When I turned around, the decedent was attacking me. I fired the gun in self-defense.

5. In summary, Defendant Aaron Banks had no idea of what was going to happen with regard to stealing the drugs from the decedent. He did not participate in firing the weapon.

I, David Delamar, declare under the penalty of perjury that the foregoing is true and correct.

Affiant further sayeth not.

                  Executed on this 2nd day of July 2012

                   David Delamar