The revolver later used in the fatal shooting of Tony Rosales didn’t appear to have anything wrong with it, a witness testified Wednesday in court.
Vince Bengston, a hunter, borrowed the gun prior to the incident.
Mark DeSimone stands trial this week in Juneau Superior Court for the May 2016 death of Rosales.
A refinery operations supervisor Bengston of Windom, Kansas, came up with some co-workers to stay at William Young’s two cabins in Excursion Inlet.
An experienced hunter, Bengston borrowed Young’s .41 single-action revolver for protection when he arrived in Juneau because he didn’t want to deal with the hassle of transporting firearms.
The revolver was previously referred to as a double-action.
During testimony Wednesday, Bengston said he looked over Young’s weapon and tested the firing pin’s action by inserting empty brass cartridges, cocking the hammer and then pulling the trigger.
Bengston owns three similar revolvers.
“A Ruger like that is about as simplistic, safe gun as you can get,” Bengston said.
Later near one of Young’s cabins, Bengston handed DeSimone the revolver to shoot at a marten.
Not much was known about DeSimone’s experience and competency with firearms.
Bengston testified that he didn’t see any problems with the revolver’s action.
“What was the result? Did he get it?” Assistant District Attorney Amy Paige asked.
“No,” he said. “No, kind of a few chuckles from everybody and moved on.”
”Where did the marten go?” Paige asked.
”Scurried away happily,” Bengston answered.
After DeSimone emptied the revolver at the marten, Bengston reloaded it with an empty chamber nearest the firing pin to prevent an accidental firing if the revolver is dropped.
Rosales was shot at one of the cabins a few days later.
Bengston testified that — just after the shooting — he saw DeSimone standing on the cabin’s front deck, relaxed and smoking a cigarette.
He yelled for DeSimone to come down to the beach.
“He walked down to me, kinda – I think I’d said in my testimony earlier during grand jury or so – a little lethargic, cognizant,” Bengston testified. “He was mumbling. I asked … I remember asking him ‘What happened? What happened?’ There wasn’t anything said that I could discern.”
The revolver was retrieved from the cabin and Bengston holstered it while everyone was standing around on the beach waiting Alaska State Troopers to arrive.
No one else was aware the revolver was the firearm used to shoot Rosales until someone asked Bengston to check. When he did, the cylinder had moved and two rounds had been fired.
Bengston had just met Rosales and was getting to know him on that trip.
Bengston’s testimony was detailed, measured and deliberate. During the last few questions about the shooting aftermath, his voice wavered, became soft:
“It wasn’t cleaned up. We had to clean it up,” Bengston said quietly.
”What was that like?” Paige asked.
”Very emotional,” Bengston answered. “It’s proper etiquette to put people’s pieces … Where, what do you do with them?”
DeSimone’s defense intends to dry-fire a similar revolver Thursday in the courtroom with dummy rounds.
The judge will review a demonstration before it’s done in the jury’s presence.
