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
Here is a photo of a jihadi reportedly shot at close range with an M4 (the military version of the AR-15). WARNING VERY GRAPHIC
http://i397.photobucket.com/albums/pp57/IkeMcgowan/sniper_shot2_292.jpg
If her head is intact, and the bullet fragmented and the bulk of it was in the skull as opposed to retaining it's shape and exiting. The ricochet story may have merit.
What does the guy’s defense attorney say? You’re not the guy’s attorney.
I don’t see how the bullet didn’t fragment into bits when it hit the deck. I’ve recovered a fair amount of spent rounds mostly from damp ground, and anything high-velocity always comes apart pretty well. Mind you, these were all mostly magnum handgun JHP stuff, but it should be very similar in performance to the AR ammo. Seems like she should have been hit with a bunch of fragments, not a [more-or-less] intact bullet. Just my 2 cents from an old gunner...
I'm a member at Armed Citizens Legal Defense Network, where there are attorneys that know guns.
Sorry, I have a real hard time trying to come up with reasons to help a guy who “had an accident” with an AR-15. Rule number 1, every gun is loaded all the time, Rule number 2, never put your finger on the trigger unless you plan to shoot. There’s just no reason to have an accident with a gun.
With a prison term on the line, I would take a fragment of the actual floor and try to recreate the ricochet scenario in a lab.
I’d suggest a reenactment in a vacant house with similar floor and temporary wallboard with backing. It would not be expensive to find a vacant house in which to conduct such a test with a ballistics expert present, holding the rifle at the same angle and using the same ammunition.
Our investigator is urged to go very cautiously here.
There are two MIL STD rounds for 5.56x45mm: M193 and M855 (now M855A). M193 fired a 55gr bullet with a gilding metal jacket and a lead core to a muzzle velocity of 3280 ft/sec. It is no longer standard (but equivalents are widely available on the commercial market). M855 has a gilding metal jacket over a hardened penetrator with lead filler (original configuration) and fires to a muzzle velocity of 3100 ft/sec.
Some decades back, military firearm authority Peter J. Kokalis stated in print that the M193 loading was more lethal than either 30M1 (US 30-06 WWII: 153gr jacketed, 2750 ft/sec) or 7.62 NATO (147gr jacketed, 2740 ft/sec), within ranges of 100m. Out to that distance, the M193 projectile retained sufficient velocity to fragment on hitting a human body (no, he did not say where). Beyond that, it punched through - like the larger, more stable 30 cal bullets did at lesser ranges. By contrast, M855 was designed to give longer effective range and afford better penetration at long ranges - it will out-penetrate that 30M1 bullet at 850m.
I’ve witnessed 22 cal soft point bullets punch clean through the web (support portion) of a railroad rail. Fired from a 22-250 at some 3500 ft/sec; range was under 50 ft. We did not recover any spent bullets.
Penetration is thus probabilistic (not much help for our investigator, I know), and highly dependent on impact velocity, tissue (bone, skin, muscle etc) density, angle of incidence, etc. Humans vary a lot: not even a side-by-side comparison of bullet wounds can tell us much.
One hears that the mere discharge of a firearm in the general direction of another person constitutes intent. Not sure how well this legal ploy works.
5.56mm MIL STD ammunition is identical in exterior dimensions to commercial 223 Remington. The warnings from manufacturers not to fire 5.56mm in a 223 stem from the difference between military and commercial chamber dimensions. Military chambers are cut larger, chiefly to improve feed reliability in full-auto arms. The leade is also longer. Military chambers also need more generous tolerances, to handle ammunition of allied origin. Some commercial chambers can be very tight; this is usually done to enhance accuracy (in bolt action arms) but ups pressure. The warning applies chiefly to M855, which can produce higher mean pressures.
Bfl