Crime scene contradictions

No gunshot residue was found on the hands of the three men shot and killed by police on Acadia Drive in 2013, nor on the shirts worn by two of the victims, a retired forensic analyst testified yesterday.

The witness, who examined swabs from Matthew Lee, Mark Allen, and Ucliffe Dyer, told the court that only trace-level amount of nitrates were detected on one of the five samples from Dyer, while none of the five samples collected from Lee and Allen revealed the presence of gunshot residue.

When pressed about what she would conclude based on the test results from Allen and Lee, she said, "One conclusion could be that they did not fire a firearm."

Expounding on the results for Dyer, she explained that nitrates are only one component of gunshot residue, which also consists of lead, barium, and antimony. She added that the amount found was very small and, given all the factors, was insufficient to conclude the presence of gunshot residue.

The court heard that five samples were collected from each of the men, including one used as a control, but nitrate was found on only one sample taken from Dyer’s right palm.

The witness also told the court that nitrates can be found in the environment and are commonly present in the soil, fertilisers and other items and can be transferred.

Regarding the shirts, a red shirt belonging to Allen and a black shirt belonging to Lee, the witness said no gunshot residue was found on either. Both were identified by the witness and tendered into evidence.

She noted, however, that the black shirt had earth stains and vomit and contained 74 holes, while the red shirt contained vegetable matter and had 12 holes.

Attorney Hugh Wildman had however objected to the tendering of both shirts.

Sergeant Simroy Mott, Corporal Donovan Fullerton, and Constables Andrew Smith, Sheldon Richards, Orandy Rose, and Richard Lynch are on trial for the deaths of the three men.

Earlier in the proceedings, a government ballistic expert testified that only one expended cartridge recovered at the Acadia Drive crime scene matched the two firearms recovered after the shooting.

He also testified that all 11 service weapons recovered from the six police personnel on trial were consistent with being discharged.

The superintendent of police, appearing as an expert witness, told the court that each firearm submitted for testing had evidence of having been fired. Regarding the 9mm firearms, he said one had a 14-round capacity and the other a 13-round capacity. Along with the expended 9mm cartridge that was found, a total of 11 live 9mm rounds were submitted to the lab, along with other rounds, and the live rounds could be used in either firearm.

The witness previously indicated that although the two 9mm guns were not in the best condition, they were still capable of firing deadly shots, while the service firearms were in good working condition.

The trial will continue tomorrow with the government analyst. The ballistic expert, who had to pause his testimony due to other duties, will continue next Tuesday. tanesha.mundle@gleanerjm.com