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16. A single spent shotgun shell, Sheriff’s Crime Lab evidence number JHC #24, was found lodged in the front grille of the Pontiac after the shooting. None of the remaining five shotgun shells that were fired from this weapon were found at the front of the Pontiac, so it appears that Davis only fired a single round with the Western Field 550AD from this position.

17. The sequence of events for Twining’s malfunction and his position during this stage of the fight is driven by the physical evidence at the scene. The Remington-Rand 1911A1 pistol was found on the floorboard behind the driver’s seat with six live rounds in the magazine and a seventh live round jammed in the chamber. An eighth live round was recovered from the ground on the driver’s side of the Pontiac (evidence placard “JHC #8” for Sheriff’s Crime Lab employee Jack H. Clark), the only live .45 ACP round found in the vicinity. An accounting of the evidence indicates that eight other spent .45 ACP cases were found at the scene, all of which were determined to be fired in a second 1911A1 pistol of Colt manufacture that was recovered as evidence. No other .45 ACP spent cases were found at the scene. Therefore, it is likely that the Remington-Rand 1911A1 was not fired at the scene and the JHC #8 live round that was booked into evidence was probably the eighth cartridge that had originally been loaded into the pistol.

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