It’s something that’s rarely seen: Someone pulls the trigger on a fully functioning firearm in an Alaska courtroom.
That’s what happened after the Mark DeSimone trial jury was sent home for the day Thursday.
DeSimone is charged with the death of Tony Rosales at an Excursion Inlet cabin in May 2016.
Witnesses testified Thursday in Juneau Superior Court about the Rosales autopsy and the condition of the gun used to kill him.
After the jury went home and most spectators drifted away, Judge Philip Pallenberg held a short hearing to observe the dry fire of a firearm.
DeSimone’s lawyer wants to demonstrate a single-action revolver for the jury. She plans to argue DeSimone fired unintentionally, twice.
Court system guidelines discourage presenting firearms during court proceedings unless they’re completely disabled.
However, a judge can make exceptions. Pallenberg wants to make sure such a demonstration was informative and safe.
With the judge and attorneys sitting in the jury box to get a better view, local firearms dealer Chad Kendrick pulled out a .45 single-action revolver and kept it pointed at the floor.
“Typically, you place this in a half-cocked position. It releases the cylinder so it can rotate,” Kendrick said. “I’m going to load it.”
Kendrick loaded silicone dummy rounds.
“This is full cocked at this point.”
Kendrick then pulled the hammer all the way back and pulled the trigger. Six times in quick succession.
The shortest interval between firings was 1.25 seconds.
Prosecutor Amy Paige objected to repeating the demonstration for the jury because it appeared to duplicate previous testimony.
Pallenberg said he’ll allow it.
Earlier in the day, the jury heard testimony from Debra Gillis, a firearm and tool mark examiner, who tested the .41 single-action revolver used in the Excursion Inlet shooting and determined it “loaded and fired as designed.”
She also tested the revolver’s trigger pull force and said it was 2 ½ to 3 pounds, slightly light for such a firearm.
As for the recoil, she said “that’s a significant caliber and there would be a kick.”
Medical Examiner Cristin Rolf reported on the location of the entry and exit wounds, and the stippling or gunpowder residue visible on the right side of Rosales’ head behind his ear, suggesting the revolver was fired at close range.
The jury also saw graphic autopsy photos.
