Background stuff is:
1. There WAS a hole in the linoleum. Crime scene photographers took several pictures of it. There were no other holes and this one appears to be of recent causation. However, the police did not mention in their report;
2. LEO initially arrested him for a negligent/manslaughter, but the DA ultimately raised it; 3. ME said the bullet was "fragmented" and never left her skull;
4. No gunpowder residue tests were conducted on the victim or the floor; only on the shooter's hands.
5. I am waiting to hear from the attorney as to the round's manufacturer, the weight of the bullet and whether the round was FMJ, SP or HP. I am operating under the assumption it was FMJ at this point. I also don't know the length of the barrel.
What I'd like to ask are some general questions, then I'd like to see if I can find some relatively unimpeachable sources to back the answers up. So, opinions or general statements would be helpful. ALSO, any sources for hard data (manuf. sites, FBI studies, etc.) that I could use to back up anything I attempt to present.
1. What is the muzzle velocity of the round?
2. What is the velocity of the round at 10 feet?
3. What penetration testing has been done on the round at 10 feet?
4. What gunpowder residue patterns should be able to be discerned on the victim, assuming a 10 foot range?
5. Is there a reasonable likelihood that a FMJ .223 at 10 feet would remain in the skull?
6. Is there a reasonable likelihood that a FMJ .223 at 10 feet would break up into fragments, assuming it entered at the lower rear part of the skull?
7. What evidence (metal remnants, gunpowder residue, etc.) should have been obtainable from the linoleum floor if the rifle was pointed at the floor 5 feet or so in front of the shooter?
It is recognized that a LOT of this can't be known until the round used is identified. But general, or close estimates, would help at this point.
I appreciate the help. Leaving aside the character of the defendant, it's an interesting case. The attorney was absolutely floored when I brought these issues up, never having even considered them.
If you have any other thoughts, I'd like to hear those, too. Even if they're troubling for the defense. FReepmail me if you like.
C
If you’re working for the defense, do you really want to put your theories on the internet where the prosecutors can read them?
You cannot fudge entry angle and blood splatter.
Any idea what the angle of incidence would be?
Sadly, almost NONE of it can be known until the round is fully identified.
Forensics should have known all of that by the time his charge was upped. And if you don't have all such details by the time Discovery is over, either they are incompetent or are covering things up. (IMHO)
If you could share a crime scene photo of the hole in the linoleum, we might be able to make a good guess as to whether it was caused by a bullet.
Ask your client for money to hire an expert witness. If he doesnt have it or is indigent, ask the Court for money to hire an expert witness. If you dont ask, you dont get. What do you have to lose by asking? Answers here will get you nowhere fast.
If you're looking for testimony, you're going to have to get an accredited ballistics expert.
“5. Is there a reasonable likelihood that a FMJ .223 at 10 feet would remain in the skull?”
I have shot many things with a 223/5.56mm. I would be stuned to hear that an FMJ stayed in a human skull when hit from 10 feet. Not impossible but way out on the odds. Also, I would be skeptical about the bullet being a real FMJ if fragmented.
This sounds like a fun case to play around with, but if you don’t get an actual expert your client is screwed.
Your client is screwed. Anyone that think THIS nonsense is the angle to attack (no pun intended) is an idiot.
There should be no question about the ammo used.
What kind of ammo was in the magazine, and what kind of ammo was chambered? If it is .223 FMJ, there is almost no way a round could be shot into somebody’s head at 10 feet and not go thru and hit something else directly in line with the trajectory (and probably go thru a wall of a kitchen). Most shooting ranges don’t allow FMJ rounds for AR calibers because of their tendency to penetrate and pass through backstop materials.
At 10 ft a .223 is going to go into the back of the head then the pressure will basically blow the face off. It will look like jelly. If that didn’t happen then it likely richocheted off the floor went into her head and fragmented.
You know, I’m not sure what the problem is.
I post some relatively straightforward questions, with plenty of background information if anyone chooses to read it.
And I get a few helpful responses.
But I get a LOT of people telling me how to do my business. Telling me I shouldn’t be doing this on a public forum. Telling me I should surrender my law license (I’m not a lawyer, LOL), suggesting all kinds of things I already said I’m doing.
What’s happened to the gun owners/aficionados on this site?
Where are the people with answers because of experience/research/work? Why do people who don’t appear to have any familiarity with the topic have the arrogance to feel like they need to chime in and “correct” me or any other poster to this thread?
I just want some information. If you feel like you know more about my field than I do, let me know in a FReepMail.
But good grief, folks!
Really?
The round deflected or bounced up to at least 5 feet in height, assuming she is at least 5 feet tall, to enter her skull within 5 to 10 feet? That is some ricochet.
1. What is the muzzle velocity of the round?
2. What is the velocity of the round at 10 feet?
Usually around ~3100 to 3250 fps for a 55 grain .223 bullet, and depending on the length of the the barrel. At 10 ft, about the same as muzzle velocity.
I suggest try to recreate the event.
Tell your client to view the Zapruder film.
Has the hole in the linoleum been examined for powder/lead/copper residue?