• Minneapolis, MN 2007.  Double homicide, defense expert.

• Ft Collins, CO 2007.   Review of an alleged 2002 suicide for family of victim.  The police version is inconsistent with the evidence;  the victim could not have intentionally shot himself with a 13.25" Ruger Vaquero Revolver when length of firearm, its location and position of victim are evaluated in relation to trajectory of wound path and projectile.  Victim could not have been in kneeling position at time of gunshot, fallen forward, then reached around and pulled bed covers up over his waist.  A second gun, Ruger 9mm Semi-Automatic Pistol was also in bed with victim - cocked and ready to fire.  Other data shows that victim fell asleep with two loaded guns and that it unintentionally discharged.  No supporting evidence of homicide by roommate.   Death caused by Accidental Self-Inflicted Gunshot Wound and not a suicide.

• Afghanistan 2007.  Classified investigation involving the serious wounding of a civilian in 2002.

• Seattle, WA. 2007.  Review of suicide .  Police reports, witness interviews, photos,  autopsy report and physical evidence all support the original findings.  Police conducted thorough invest and I concur with suicide ruling.

• 2006 Salt Lake City, UT  The defendant is convicted of murder in 1999 based upon the state's theory that as the passenger of a truck he fired two gunshots into a Honda, the driver was killed and front seat passenger wounded.  At trial defense counsel did not utilize a ballistics expert.  The jury heard evidence from  non-expert police officers that it was impossible for driver to have been the possible shooter because he would have been incapable of firing and driving a standard transmission truck and that it was a near impossibility to shoot with the left hand at a distance beyond 5' and be accurate.  An inference was left to the jury that more than two shots might have been fired due to the appearance of 3 holes in the rear window of the Honda and 1 in the rear right quarter panel.  I was retained to review the findings and court testimony.

  Findings:           The trajectory of the gunshots is consistent with the driver, not the defendant,  being the shooter.  In addition, due to the location of the cartridge cases on the left side of the truck, the passenger can be conclusively excluded since they would have been on the right side if he had shot.  Testimony of police officers that firing with the left hand limits accuracy to 5' is inaccurate.  As early as 1973, officers were routinely required to qualify with firearms including using the left hand in the kneeling position from behind a barricade at 75' or 15 times the distance suggested in testimony. The two large holes in the rear window are the result of fragmentation caused by kinetic energy of the single shot coupled with vehicle movement.  In November 06, the missing witness is located and states that the driver was the shooter and that the defendant was a backseat passenger.  

             UPDATE JULY 2007:  Judge Timothy R. Hanson overturns conviction of Peter Montoya ruling the shooting could not have occurred as presented to the jury at the original trial.

• North Dakota,  Fatal deer hunting incident; supervision & control of a minor while hunting.  Findings were that there was a major failure on the part of investigators to search for the fatal projectile which could have been utilized for DNA matching to the victim and toolmark comparison to the suspect's rifle who was shooting at deer from 405 yards away when the victim fell mortally wounded.  No scientific connection could be made without the projectile due to distance and the arguement that other hunters further distant past the suspect fired the fatal shot.  This case points out the importance of investigators conducting a thorough investigation, especially to recover evidence which can scientifically prove or disprove an allegation.

• Sturgis, South Dakota 2006,  Defense expert for Hells Angels involving self-defense shooting:  Hells Angels and Outlaws motorcycle clubs at Custer State Park.

• Chester, VT.   1972. Two hunters standing in woods talking when gunshot kills one missing the survivor by inches.  Invest revealed another hunter looked through his scope to see the hunters and accidently pulled trigger.  I was the survivor and this tragedy became the catalyst for my research and expertise in firearms safety and hunting incidents.

•  Tampa Federal District Court 2007.   At a Daubert Hearing challenge to my qualifications in a product liability case, Judge Scriven rules that I am one of the most qualified firearms experts that she has heard testify and denies the defendant's motion.

• Tucson, AZ.  Defense expert,  Double homicide shooting, microscopy, toolmarks.

• Indiana, 2004. Wrongful injury and negligence.  A local SWAT Team enters a residence, subdues two occupants and while lying face down on the floor being handcuffed, he is shot by an officer suffering serious injuries.  My investigation revealed undocumented and inadequate SWAT Team training, improper firearms training for the department as a whole, outdated policy and procedure for the use of force, a negligent review of past deadly force incidents which should have resulted in modifying policy and procedure and training, and lack of any review of tactical operations which should have addressed issues of SWAT Team manpower and equipment along with the foreseeable knowledge that these  incidents could occur unless corrections were made.

• Northeast U.S. (Confidential).  Wrongful death resulting from police Special Response Team operation.  The officer's fatal shooting of an unarmed man is inconsistent with the trajectory, crime scene photos, and witness version.  The officer was not being pushed out the door while the victim was trying to grab his pistol; the officer was inside the room at the foot of the bed.  The police crime scene photos themselves disprove his version by showing the angle of the wooden probe.   By calculating the angle of the probe in the opposite room in relation to the wood moulding, it is scientifically impossible for the officer to have been near the bedroom door as he states.   

• Monroe, NJ 2005 Deer Hunting.  A private hunting club sponsors a "deer drive" on their property.  Hunter fires at  running deer striking another hunter standing on a road at a distance of 72 yards, with one of the ten .38 caliber lead pellets, penetrating the clothing and lung. The shooter is charged criminally.  Retained by plaintiff in civil action for negligence, firearms/hunter safety violations, deer drive protocol.

• 2002 - Wrongful death/Excessive Force. Police SWAT Team executes warrant resulting in unarmed occupant killed by officer claiming that victim lunged for him and grabbed his pistol. while in the doorway.    Autopsy findings, angle of trajectory, crime scene evidence show officer was in room, not doorway, and victim was beyond the distance for gunshot residue and stippling to be a close gunshot if grasping for pistol.  Withdrew from case.
•  
• Canada.  Hunting incident involving moose shot out of season and traced to rifle belonging to a Canadian Game Warden.

• Arizona.  Case review of police investigation of suicide for family.

• Billerica, MA.   Local bookmaker killed sitting in living room.  Projectile has passed head exiting the windows.  Trajectory determined to strike car roof,  crosses street striking house then ricochets to chimney. Metal detector search finds projectile in front yard bushes which is then matched to supect's weapon. 

• 2006 - Eureka PD, CA.     Cheri Lyn Moore is a despondent female; she is in her apartment and allegedly armed with a flare gun.  No utilities are turned off, the fire department's concern of danger was 1 truck and a minimal crew, the police decide that  she might endanger other occupants of the building and state that the health of one prevents him from being moved.  Instead of using the incremental steps required by their Policy and Procedure, they disregard the use of a K-9, or tear gas, and despite their being equipped with ballistic shields and ballistic protection, the storm the door without this protective equipment and kill the victim with an AR-15, a shotgun, and a weapon using non-lethal ammunition stating later that when she pointed the flare gun at them, which was never fired, that it required deadly force.  The time frame was about two hours allowed for negotiations.  Later that day, the unmovable other occupants are moved.  The police chief commended his officers for their act of bravery.  Even though I was consulted by interested persons in the mental health field, the Coroner's Inquest heard the police version only and did not allow expert testimony.  Very sad example of a police department operating without accountability.

• Rancho Cucamonga, CA 2005.  During trial the judge orders defense counsel to retain a ballistics expert for Lanny Woosley due to questions posed by the jury. The defendant is charged with being the shooter in a road roage incident resulting in two deaths by a converted 9mm to full auto. The defendant claims that he was not the shooter and that the driver who was killed months later in a police shootout was. While I observe, the state's expert conducts tests for rate of fire determination and its correlation to the cartridge case pattern at the crime scene. He then testifies that the KG99 fires 2000 rpm and points out on the video that he was unable to control "muzzle jump".  Testifying for the defense I point out that this type of weapon is to be fired holding it close to the body,  body weight forward and not with outstretched arms at shoulder level which prevents control.  In addition, my calculations for time, speed, and distance of the vehicle are inconsistent with the pattern of cartridge cases as well as the trajectories.  The jury finds reasonable doubt that he was the shooter, but is convicted of other crimes that do not carry the death penalty.

• Paglia Case:     A complex double fatal in Lynnfield, MA (1986).  Criminals dressed as police officers gained entrance to the Paglia home to look for money and drugs.  The Paglias were executed by Dennis Day et al.  After a lengthy investigation I recovered evidence from the crawlhole of a Rye, NH  beach house where they target practiced and from between the rocks near the water. More than 80 hours of microscopy resulted in finding several fragments matched projectiles from the victim.  Other evidence tied the defendants to the murders.  The first double jury trial in Massachusetts resulted in all 3 being sentenced to life terms.   

• Firing range accident.  A police department was conducting qualification firing at a local range.  There were approx 10 shooters on the line.  The remaining officers were about 40 yards behind the firing line.  One of the firing exercises included running from the 25 yd line to the 10 yd line and taking cover behind barrels, then firing at targets.  All 10 shooters ran forward in unison within their assigned lane.  The officer in the far right lane approached the barrel and lost his footing on the wet ground causing him to fall backwards.  As he hit on his back his arms were extended and the firearm discharged back behind the line toward the officers in the "safe" area.  No one was hurt.  The cause of this accident was the officer failed to keep his finger off the trigger until ready to fire resulting in an involuntary discharge as the pistol and his hand struck the ground.

• Buffalino case:  A business issue led to the shooting of an employee who threatened the owners that he was going to file for workmen's compensation which they did not have.  He was killed.  Subsequent investigation and forensic examination of the projectile from the victim was compared to other recovered ammunition which led to my opinion that the victim was killed by a gun owned by the business owners son.

• New York Deer Hunting 2004.  Deer drive style hunt on private property involving 19-20 hunters. Negligent planning, firearms safety,  hunting method protocol which resulted in the victim being shot with a 7mm Remington Magnum.

• Gagliardi/Doherty Case:  Gagliardi executed by crime member Doherty.  County ME Dr. Sanchez opines  cause of death as single gunshot to head.  I disagree and advise ME he was shot twice,  At trial ME clings to "one shot theory" while I advise DA my testimony will be "two shots".  Dr. George Katsas retained by state finds two shots, both entering exactly in the same gunshot hole.  Judge orders DA to modify his opening remarks and  Dr. Sanchez must re-testify on his error.

• Penny Matthewson/James Black case:   Salem, MA.  Penny Matthewson is involved in affair with  condo security guard and kills her husband then commits suicide.   Revolver used belonged to the guard who is charged with accessory to murder.  Case required exhumation of Penny Matthewson and it was discovered that funeral director threw family requested burial clothing into casket .  He was also charged with crimes.  

• A father, son, and uncle  firing a MAC-10 9mm illegally converted to full automatic.  After  adults fired the weapon, fully loaded weapon handed to boy.  Unfamiliar with the effects of recoil,  he lost control of the weapon and killed his own father. 

• Cambridge, MA.  At crime scene for local police I am asked to evaluate possibility that  wife has committed suicide with a .25 pistol according to the husband.  Unable to locate the discharged cartridge case, I find it has been reloaded  back into the magazine, an impossiblity to accomplish when dead.  The husband is arrested.

• Three family members duck hunting.  As ducks passed overhead all three began shooting.  One stood up directly in front of other hunter's shotgun and is killed instantly.

• Haverhill, MA.   Local police respond to residence where man, dressed in military fatigues, is firing out the window.  The man had enters front yard near tree with 357 Magnum revolver in one hand and a .223 Rem Colt AR-15 in the other.  Police surround suspect creating a crossfire when he started shooting.  Victim killed, numerous cruisers damaged but officers escape injury. 

• Methuen, MA. Police pursue stolen car;  it stops the two flee and scaleda chain link fence.  Officer with weapon out jumps off the fence and when landing he strikes hand on ground and firearm discharged.  The projectile struck one of the fleeing men in the head killing him.

• On the last day of deer hunting several hunters exit woods to a prearranged location.  They decided to unload their weapons by firing into the woods they had just exited.  In violation of ensuring a safe firing zone, the shots kill one of the group who is just exiting.

• Nail Gun:  Unusual case involving nail gun powered by .22 cal blanks.    While remodeling an office a worker pressed the nail gun against the wall and pulled the trigger; the nail was not on target with the wood.  Instead it passed through the plasterboard exiting out the opposite wall striking a person in the carotid artery who died. 

• Somervile, MA. At a local police station a disturbed man gained access to the interior office.  Wearing fatigues and pulling out a bayonet he backed a police officer into a small cubicle while the officer had drawn his weapon and kept ordering the man to drop the weapon.  With no means of escape, he fired killing the attacker which was found to be a justifiable shooting.

• Dr. George Faaschnatt.   Hired by the defense to review my case work Dr. Faaschnatt is observed to be incompetent.  He testifies that he is also a genetic scientist conducting research in the field of male sperm using data from thousands of samples.  On cross examination he informs the jury that all have been donated by himself and a fellow scientist.  His ballistics testimony was disregarded by the jury.

• A man sawed the barrels and stock of a 12 gauge side by side shotgun.  To test that it fired he tied it to a tree with two live shotshells loaded in the chamber and had a string attached to the single trigger.  Moving back several feet he pulled the string.  The first barrel discharged breaking the rope holding it to the tree;  spinning like a windmill it came back toward the shooter who was now running for his life and discharged as it struck the ground.  The man was not hurt.

• Two motorists are involved in a road incident.   When one got out with a baseball bat the other pulled his 25 auto pistol and fired but missed.  As he tried to shoot again the weapon malfunctioned;  he was killed with the bat.  My examination revealed dirt, lint, and debris prevented the slide from extracting and ejecting the fired cartridge or loading of a live cartridge from the magazine. 

• At a local shooting range a man was firing his pistol using reloaded ammo.  Though one of the shots did not sound or recoil properly,  he did not check for a malfunction.  On the next shot the weapon exploded.  By examining the gun and remaining reloaded ammo I found that he had overloaded several cartridges and underloaded others.  An underloaded cartridge failed to fire the projectile out of the barrel, and the next shot was overloaded. Eye and ear protection prevented serious injury.

• A deer hunter shot at what he believed to be a deer.  He approached to find a man .  The victim lived nearby and often dragged a tarp of leaves from his yard into the woods about 50 yards.  As he was scattering the leaves with his feet, he was mistaken for a deer by the hunter. 

• A boy got access to his father's locked weapon cabinet and removed a .223 cal Colt AR-15.  With a friend he took it to his bedroom.  The rifle discharged killing the friend.

• Lynn shooting (suicide).  Police found the victim fatally shot in his bedroom.  He was an alleged WW II   German concentration camp guard on the verge of deportation.  A trail of blood was found leading to the bathroom and back, and two discharged cartridge cases in the bedroom.  My examination revealed that the victim had shot himself once in the head with the projectile entering under the scalp and travelling upward but not entering the skull.  He went to the bathroom, looked in the mirror while bleeding profusely, then returned to the bedroom where he fired the fatal second shot.

• A woman drives to the local hospital from Rte 128 in Wakefield, MA.  The doctor recovers lead fragments from a wound and declares it a gunshot, then notifies police.  The road is shutdown creating a massive traffic jam and chaos as news media report a sniper incident.   Investigators do not call for any ballistics officers until the next day.  The following day, at the request of local police, I proceed to examine both the vehicle and the fragments recovered.  Had they called at the time of the incident it would have avoided the media frenzy and traffic nightmare.  The woman had been struck by the wheel weights of a truck passing in the opposite direction.

• National news media inquiries on VP Cheney hunting incident, police policy and procedure.

• 17-year old young man, student, captain of the hockey team; receives a quarterly grade in which school policy requires he be removed from the team.  Out of guilt for disappointing his father, a federal agent, he writes an apology to his dad, puts his hockey uniform on and uses his father's weapon to shoot himself. 

 

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