ZIMMERMAN VERDICT PART 5: THE GUN STUFF
Sunday, July 21st, 2013
The firearms and ballistics evidence in this case was very important, one
reason why the Kel-Tec PF9 9mm death weapon was first and foremost in the
minds of journalists reporting on Eric Holder's recent decision to have all
evidence in this case held pending Federal investigation (again). One of the
area newspapers reported in March that the death weapon was found with a
spent casing still in the chamber. This would have been consistent with
someone's hand grabbing the gun and retarding the slide mechanism at the
moment of the shot, and I surmised as much in the one blog entry I made on it
at that time, prior to being contacted by the then-defense team and
confidentiality issues kicking in from then on.
It turned out that this was not the case. The officers who recovered the
evidence unloaded the death weapon. The spent casing from the one shot fired
in the incident was recovered from the ground on which it had ejected, and
another live round was ejected from the firing chamber after the officer
removed the magazine. All eight cartridges, the gun's full capacity, were
accounted for. The pistol had functioned normally, as designed.
Prosecutor John Guy, in his dramatic opening statement, made a big deal out
of the fact that Zimmerman carried the Kel-Tec with a live round in the
chamber, as if this implied malice and a man looking to kill someone. Over in
CNN Headline News Land, Nancy Grace took up the same cry. Zimmerman's
after-the-assault attackers even made a big deal out of the fact that he had
a pistol with no dedicated manual safety. Ms. Grace claimed that he carried
it with the safety off, and when a friend of Zimmerman's was on her show and
told her the gun HAD NO safety catch per se, she yelled at him that he was
wrong, she knew all about Kel-Tec PF9s, and implied that Zimmerman must have
flicked the safety off beforehand. (Premeditation, don't cha know?)
Of course, the PF9 pistol DOESN'T have a safety catch. Ms. Grace apparently
Googled "Kel-Tec PF9" and mistook the slide lock lever for a safety lever.
Did any of you folks ever hear her apologize to Zimmerman's friend, who was
right when she was wrong? Let me know, 'cause I must have missed it if she
did.
For perspective, very few American police officers carry guns with manual
safety levers. The most popular police pistols don't have them, including the
Glock and the SIG, the two most widely used. The Smith & Wesson Military &
Police has an optional ambidextrous thumb safety, but most police departments
order those guns without that feature, and the same is true for the majority
of defensive pistols bought these days by America's armed citizens. The old
style service revolver didn't come with a safety either.
Like those revolvers, semiautomatics such as the Kel-Tec are normally carried
ready to fire with a simple pull of the trigger, i.e., with a round
chambered.
Another element I warned O'Mara and West about back in second quarter 2012
was that they could expect the prosecution to attribute malice to Zimmerman
for loading with hollow points. Such ammunition is standard in virtually
every police department in our nation, and is the overwhelming (and logical)
choice of armed citizens. The expanding bullet is less likely to ricochet,
and it is more likely to stop inside the body of the offender instead of
passing through to strike an unseen bystander. It also, historically, stops
gunfights faster, saving the lives endangered by the attacker who had to be
shot. Finally, for that latter reason, it reduces the number of wounds the
offender must suffer before he stops forcing good people to shoot him. Except
for the ricochet factor, all of those elements were present in the
Zimmerman>Martin shooting. The prosecution didn't harp on this as much as I
expected, but prosecutor Richard Mantei did bring it up:
http://statelymcdanielmanor.wordpress.com/2013/07/09/george-zimmerman-hollow-points-and-reality/ .
Fortunately, the defense covered this superbly. They did so with the
testimony of material witness Mark Osterman, the Federal Air Marshal who
trained Zimmerman, told him to get a double action only pistol with no manual
safety and carry it with a round in the chamber. His personal knowledge
carried more weight than any outside expert could ever have brought to the
game, but defense expert Dennis Root did a good job of batting clean-up and
filling in other points. Together, they tanked the bogus allegations of the
prosecution in this case insofar as guns, ammunition, and malice or
premeditation that could be ascribed to either.
The take-away is not to avoid such unmeritorious courtroom attacks by
carrying a .25 auto with an empty chamber. The take-away is, be able to
logically explain your choice of gun and method of carry. The defense did
exactly this, to their credit.