Crazy, tawdry New Mexico shooting case--not guilty verdict

[Stegall Law Firm]

http://www.cbsnews.com/8301-201_162-57594073/ex-n.m-police-officer-acquitted-of-murder-of-wife/

 

A former Albuquerque police officer clutched rosary beads, made the sign of a cross and hugged his lawyer Tuesday as he was cleared of charges he murdered his estranged wife and made it look like a suicide in order to free himself from a volatile, adulterous marriage.

 

There was a bullet in the gun's chamber when it was found next to her body, and the magazine was no longer attached to the weapon. Prosecutors contended it would have been impossible for the woman to press the button to release the magazine after shooting herself in the mouth.

 

If it was indeed suicide I would like to know how she was able to press the magazine release after pulling the trigger.  They say it's impossible but I don't know, it could be.  You hear stories of people being shot in the head with a 44 mag or something and surviving.  One of her fingers or thumb could have jerked at the last second.  Story doesn't say where the mag was found.  Right next to her I suppose? 

 

But that's a heck of a job by the defense.

[Guest TankerHC]

I have been shooting and have had mags just fall out. And they were seated firmly.

[Guest Emtdaddy1980]

Then again, why would a LEO eject the mag if he WAS staging the scene? Seems like it was either a fluke with the firearm on an actual suicide, or the crazy like a fox popo gambled and won with a scene that looked too improbable to be assessed as having been staged. Did anyone else's mind go that route or do I just watch way too much investigation discovery channel?

[Jonnin]

Death is often enough not instant even if shot thru the heart or brain.  The body jerks, things spasm.  Its very possible to hit an easy to operate mag release with a dying jerk.  Its also quite possible on many firearms to eject the mag simply by shooting it -- depends on the gun in question but some can do it.

 

Basically this is one of those "not enough details to go on" stories.   I trust they fired the gun in question about 1000 times to see if it ever drops the mag after a shot?  I trust they tested the mag release to see how much of a bump it could take before letting go?  I trust they considered the possibility of a death spasm releasing it?   No, you and I all know that they put the gun in a plastic bag without firing it at all, most likely.

[Guest TankerHC]

Anyone know what gun it was? Reason I ask, I am looking around and a mag falling out of a gun on firing is very very common. And it appears to be really common on wide bodies.

[Guest TankerHC]

This was a HUGE trial in NM. Looking at their news, some more stupidity. It would seem this guy was innocent but they brought him up anyway.

 

The medical examiner testified for the defense. Crime scene was not (did not) look staged, hand in wrong position. Prosecution says "This was a semi auto, he specializes in Revolvers". Guys has done 7500 autopsies and is a specialist on suicide.

 

Wifes friend says she was afraid of guns, would never have shot herself. On stand says she kept a gun for self protection.

 

DNA on gun matched wife, not husband (Leading up, can you guess where this is going)

 

Wife said she couldnt live without him. Made 176 calls to his house the night before suicide, he didnt answer any of them, said he didnt believe her.

 

To demonstrate how a magazine cannot just fall out (In the courtroom) the prosecutor used a toy gun.

 

And of course it goes on and on until........

 

This was in 2011. The family filed a civil lawsuit against her husband and against the city because "Regardless of the evidence we always knew he murdered her".

 

The "Estate" received $230,000 from the City, for wrongful death because he was a Police Officer. City said they did not agree and admitted no guilt, said they dont like signing checks like this, but it was an economic decision.

 

Now his Civil Case is coming to trial. The family said they already proved he murdered her (Because the City settled) and will use the same evidence against him.

 

in the New America, Guilty until proven innocent, then when your found not guilty, your still guilty.

[TMF]

If the mag wasn't fully seated it could have easily stripped a round out of the mag and into the chamber, with the mag falling out as the weapon was dropped. Especially if this chick was a firearms novice, she may not have seated the mag properly.