DeSimone jury likely to begin deliberations in homicide trial

Firearm and tool mark examiner Debra Gillis shows the jury how a quarter- and half-cocked revolver hammer impacts cartridges differently. Gillis testified May 9, 2018 in the Mark DeSimone homicide trial in Juneau Superior Court.
Firearm and tool mark examiner Debra Gillis shows the jury how a quarter- and half-cocked revolver hammer impacts cartridges differently. Gillis testified May 9, 2018, in the Mark DeSimone homicide trial in Juneau Superior Court. (Photo by Matt Miller/KTOO)

Closing arguments are scheduled for Thursday morning in the Mark DeSimone trial.

DeSimone is charged with the shooting death of Tony Rosales at an Excursion Inlet cabin in May 2016.

Both sides putt on dueling rebuttal witnesses for the jury Wednesday as evidence presentation and testimony wrapped up.

Chad Kendrick, a local firearms dealer and instructor and a witness for the defense, finished the demonstration he started Tuesday with “slipping the hammer” on a single-action revolver, or when a thumb slips 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.

“Open the loading gate, pull hammer half-cock,” Kendrick said as he demonstrated the revolver to the jury.

“Rotate the cylinder, make sure it’s empty,” he continued as he loaded the revolver with silicone dummy rounds and pulled the hammer all the way back.

Kendrick showed how the revolver’s recoil and how a startled reaction from the first slipped-hammer shot could prompt an immediate firing of a second shot.

Under cross-examination, Kendrick testified it was because both hands — one on the grip and another on top — would simultaneously and reflexively clinch down on both the revolver’s trigger and hammer.

“What I was trying to emulate was the transfer of the recoil,” Kendrick testified. “As this thing slides up, it slides my hand down. I’m trying to grab the gun. The gun comes up with pressure you’re putting out, it cocks the other hand. You’re driving this gun forward to put it back somewhere safe, you’ll drive it through your hand because both ends are trying to contrast.”

To get a feel for the recoil, Kendrick testified he used live ammunition during a test at a gun range Tuesday afternoon.

Kendrick said he was able to duplicate unintentional firing of two back-to-back shots.

He did it while “slipping the hammer” five out of six times.

Kendrick also clarified that “slipping the hammer” is much different than “fanning” or “fingering the hammer” for rapid intentional firing of multiple shots.

“It’s rare to have an unintentional discharge in the first place,” said Debra Gillis, the firearm and toolmark examiner who earlier testified for the prosecution. “To have the two in conjunction, I think it’s very rare.”

Gillis summed up her testimony with a short comment about how a person’s reflexes could prompt such unintentional discharges, even though she acknowledged she has no background in neurophysiology or biomechanics.

“At first, when I first read about it, I thought it was ridiculous,” Gillis said.

Kendrick and Gillis were both recalled to the witness stand yet again for short testimony to rebut each other.

DeSimone was asked whether he wanted to testify in his own defense. He declined.

After closing arguments, two of the 14 jurors will be randomly excused as alternates before deliberations begin.

Sign up for The Signal

Top Alaska stories delivered to your inbox every week

Site notifications
Update notification options
Subscribe to notifications