‘Slipping the hammer’ demonstration halts testimony in DeSimone homicide trial

Firearms dealer and instructor Chad Kendrick testifies in the Mark DeSimone homicide trial and shows jurors the various parts of a revolver and how it operates.
Firearms dealer and instructor Chad Kendrick testifies in the Mark DeSimone homicide trial and shows jurors the various parts of a revolver and how it operates. (Photo by Matt Miller/KTOO)

Prosecution in the Mark DeSimone homicide trial called for more firearm testing, putting testimony and evidence presentation temporarily on hold.

A local firearms dealer and instructor who demonstrated a revolver’s action for the judge and attorneys last week testified again before the jury Tuesday.

Chad Kendrick said the manufacturer recalled the particular revolver that killed Tony Rosales, but the .41 single-action model didn’t have the required post-recall safety modification of protective hammer bar.

Kendrick pulled out a .45 revolver used in last week’s test and gave the jury a demonstration in “slipping the hammer.”

Kendrick half-cocked the hammer to rotate and load the cylinder. Then, he showed how a thumb could slip off the spring-loaded hammer as the shooter was trying to place it into the full-cock resting position with a finger on the trigger.

“Is there a way this gun can go off a second time?” Assistant Public Defender Deborah Macaulay asked.

“Yes, I’m afraid there is,” Kendrick answered.

“Objection, your honor,” Assistant District Attorney Amy Paige said.

The prosecution said they didn’t have any notice that the demonstration would veer off in such a direction.

With the jury out, Kendrick showed how the revolver could unexpectedly fire, and then the shooter would reflexively grip the hammer and trigger on the recoil, leading to a second round firing.

That prompted nearly an hour-long, tense discussion between the judge and attorneys while the jury was still out.

Judge Philip Pallenberg eventually allowed the prosecution to do their own laboratory testing of “slipping the hammer” before Kendrick will be allowed to continue testifying.

Dr. Roger Enoka of the University of Colorado testifies by videoconference May 8, 2018 in the Mark DeSimone homicide trial.
Dr. Roger Enoka of the University of Colorado testifies by videoconference May 8, 2018, in the Mark DeSimone homicide trial. (Photo by Matt Miller)

University of Colorado neurophysiologist Roger Enoka  testified earlier Tuesday about the three types of involuntary responses that lead to an unintentional discharge of a firearm.

The Enoka Factors include a startled reflex or someone losing their balance and a sympathetic limb reaction, like when someone grips an object in one hand while also gripping a firearm in the other.

“The greater the trigger pull, the less likely it is that an involuntary muscle contraction can cause the gun to discharge,” Enoka said. “For a light trigger pull, given the appropriate circumstances, then it’s more likely.”

Attorneys and judge in the case plan to meet Wednesday morning without the jury to determine how long the revolver testing will last.

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