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22. The number of spent .45 ACP cases at the scene indicates Twining had the second (Colt) 1911A1 pistol loaded similarly to the first; that is, with a fully loaded magazine of seven rounds and an eighth in the chamber. Based on the pattern of spent cases recovered at the scene, Twining fired three shots from a position somewhere between the driver’s side door of the Pontiac and the left front fender of the Pontiac with the Colt 1911A1 pistol (Los Angeles Sheriff’s Department evidence tags JHC #4,5,6) Some witness accounts (Ball, Barth) place Twining back at the front of the Pontiac during this phase of the gunfight, but other witness accounts (Tancredi) contradict that. The pattern of spent cases suggests that he may have fired from a position that was closer to the side of the car than the front, but blood evidence indicates that Twining may actually have been closer to the front of the car. Of note, in the CHP’s account of the shooting, Twining fires on Officer Pence from the front left corner of the Pontiac, using it for cover during this phase of the shootout.

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