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Expert says revolver from fatal shooting could have fired accidentally

By Susy Kelly skelly@heraldstandard.Com 5 min read
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A police firearms expert testified that the gun that killed a Connellsville teen in 2013 could have fired accidentally, as jurors listened to the third day of testimony in a Philadelphia man’s homicide trial.

Hasani Simpkins, 22, faces charges of homicide and receiving stolen property in the death of 17-year-old Darrell Ross.

Fayette County Assistant District Attorneys Anthony S. Iannamorelli Jr. and J.W. Eddy have argued that Simpkins intentionally killed Ross while the two were socializing with friends at 39 Murray Ave. on the evening of Nov. 21, 2013. The defense contends the shooting was an accident.

Simpkins’ attorney, Wendy Williams, moved for dismissal of a third charge, illegally carrying a firearm, after the commonwealth rested its case Wednesday. President Judge John F. Wagner Jr. granted the motion.

State police Tpr. Michael Fortley, an expert in firearms and toolmarks, told the jury he performed a variety of tests on the .22-caliber single action revolver used in the shooting.

Fortley testified he conducted a “shock and drop” test to see if the gun could be fired any other way than having the trigger pulled. First, he said the gun was dropped from a height of about one foot onto a hard rubber mat, once on each side of the gun — top, bottom, left right, front and back. Next, Fortley struck the gun on each of those surfaces with a hard plastic mallet.

In one instance, the gun did fire without the trigger being pulled, Fortley testified.

Williams asked Fortley if he was made aware before he tested the weapon that Simpkins reported to police he pulled the trigger twice without the gun firing, before the fatal shot was fired. Fortley said he was not.

Fortley demonstrated how the gun’s hammer has four positions — rest, safe, loading and fire.

Williams said, “It looked like the gun was firing on the safety notch.” Fortley confirmed that it did, but he never tested the gun in the lab at each of the four positions.

“Do you agree this gun can fire unintentionally when the trigger is pulled and it’s not in the fourth click position?” Williams asked.

“Yes it can,” Fortley replied.

Jurors also heard a second recorded statement Simpkins made to Uniontown Police after the shooting. In the first statement, taken the same night as the shooting, Simpkins characterized the shooting as an accident and said he was holding the gun, pulling the trigger to hear the clicking sound, when Ross leaned forward in the path of a bullet that was unintentionally fired.

In the second statement, recorded five days later, Simpkins told Uniontown Police Det. Donald Gmitter that he was playing Russian Roulette with Ross and that Ross shot himself.

Uniontown Police Lt. Thomas Kolencik previously testified he asked Simpkins if they were playing Russian Roulette, and Simpkins told him it wasn’t possible with that type of gun.

In the recording, Gmitter asked Simpkins whom the gun belonged to, and Simpkins said it was in the house when he started staying there, and he didn’t know who brought it.

According to Simpkins’ statement, he and Ross planned to get tattoos with the words “Russian Roulette” but not until they had actually played.

“(Ross) looked at me and said, ‘It’s time,'” Simpkins told Gmitter.

Simpkins said he picked up the gun, which had been sticking out from under the couch. “I made sure it was on safety, I pulled the hammer back, put it to my head and pulled the trigger,” Simpkins said.

Gmitter asked Simpkins how he knew the safety was on, and Simkins told him there’s a little switch next to the hammer, and if a red dot shows, the gun is off safety.

Next, Simpkins told Gmitter that Ross took the gun in his right hand, made sure it was on safety, pulled the hammer back, leaned forward, and put the gun to the back of his own head. Gmitter asked how far away the gun was from Ross’ head at that point, and Simpkins said about five or six inches.

Previously, Ross’ court-appointed guardian, Pete Cassini, testified Ross was left-handed. Forensic pathologist Dr. Cyril Wecht also testified previously that the bullet entered low and just to the right of the midline of the back of Ross’ head, and traveled forward before bouncing off the left temporal area of the inside of his skull.

Simpkins told police he tried to grab the gun away at the last moment, which he said was likely the reason police found gunshot residue on his hand.

Worried the gun could fire again because Ross’ grip tightened after the shot was fired, Simpkins said he grabbed it and threw it on the floor. He said he fled the house, walked around the surrounding area briefly and came back to where he thought police would find him — in the bushes along an alley near Murray Avenue.

On cross examination, Williams asked Gmitter who else was in the room when the shooting occurred, and he named two juveniles. Williams asked if those two juveniles were ever interviewed, and Gmitter said no.

Testimony will resume in Wagner’s courtroom today at 9 a.m.

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