Forensic evidence fails to identify a clear triggerman

Two forensic experts took the stand as the second week of the trial of Derrick Powell got under way Monday, Jan. 31, in Sussex County Superior Court. Based on their testimony, neither fingerprint nor gun-residue evidence could conclusively identify the triggerman in shooting of Georgetown Patrolman Chad Spicer.

Christopher Reeves, the driver of the car from which police say the fatal shot was fired, continued his testimony against Powell, 23, the accused gunman.

Det. Robert Hudson of Delaware state police provided a chronological record of text messages sent between the cell phones of four men: Reeves; Luis Flores, who was also in the car and remained at the scene after the shooting; Thomas Bundick, who had planned to meet the suspects to sell them marijuana; and DarSean Adkins, Bundick’s last-minute replacement to sell the suspects drugs.

Recalled to explain the text messages, Reeves testified he had met Bundick during a stint at the Violation of Probation Center. After the two were released, Reeves said they ran into one another at a Wawa in Milford and exchanged contact information for a marijuana deal.

Reeves testified he had run out of minutes on his cell phone Sept. 1, 2009; contact with Bundick was done primarily using Flores’ cell phone.

Reeves said he, Flores and Powell made arrangements to meet Bundick in a KFC parking lot to purchase marijuana. Bundick did not show up at the scheduled time, Reeves said.

He and Flores were on their lunch break from work at the Perdue processing plant in Georgetown at the time of the scheduled meeting, he testified, so they could not oblige Bundick’s request to drive to Bundick’s home near the racetrack in Georgetown.

Bundick text messaged he didn’t want the marijuana in his car, to which a text from Flores’ phone reads, “It’s in the game, cuz.”

Reeves said he, Flores and Powell agreed to meet Bundick later that day.

Reeves and Flores left work around 6 p.m., Reeves said, and Powell joined them in the Perdue parking lot to return to KFC to meet Bundick. Reading from the record of text messages, Reeves said Bundick changed the meeting place to McDonald’s and indicated someone else was going to meet them in the parking lot with the marijuana.

Reeves testified he, Flores and Powell planned to purchase four ounces of marijuana for $500. As he had testified earlier, Reeves said he asked Powell to get out of the car and tell Atkins, Bundick’s replacement, to join them in the silver Chrysler Sebring.

Reeves testified he and Flores waited in the car three or four minutes before driving to the front of McDonald’s to find Powell shooting a gun at Adkins.

On cross examination, defense attorney Stephanie Tsantes showed Reeves statements he had made to Hudson after his arrest, after which Reeves changed his testimony. He testified the three did not have $500 combined; they had planned to rob Adkins of the marijuana.

After Reeves’ admission of the premeditated robbery, his answers to Tsantes became considerably vague, particularly when he testified to his whereabouts for the two days between the shooting and Sept. 4, 2009, when Reeves turned himself in to police.

Reeves said he paid money to stay with a Mexican man for two days. He testified he did not know the man’s name, address or anyone else’s name that was in the house where he stayed. Reeves said the color of the Mexican’s house was, maybe, white.

“It happened a long time ago, and you’re asking specific details,” Reeves said.

Reeves also appeared confused about which of the three suspects had text-messaged Bundick.

“I believe we were all doing the texting,” he said. Reeves testified he made the arrangement with Bundick; it was “his deal.” Later, Reeves said Powell was probably doing most of the text messaging; seconds later, he said it was Flores.

“Some of the texts, I don’t even remember,” Reeves said.

A plea agreement, signed Jan. 6, between Reeves and the state was shown for the jury. It indicated if Reeves cooperated and testified truthfully at Powell’s trial, he would be sentenced to time served.

Reeves also testified he never fired or touched the gun police believe was used to shoot Spicer. In opening statements, defense attorney Dean Johnson indicated DNA evidence would prove otherwise.

Forensic experts take the stand

Rodney Hegman, of Delaware Bureau of Identification, and Allison Murtha, a forensic scientist and gun-residue expert, also testified Monday. Both experts were asked to draw conclusions from evidence taken after the shooting.

Hegman, a forensic latent print examiner, compared fingerprints taken from the Sebring and the patrol car found at the scene of Spicer’s shooting, to known prints, collected from each of the three subjects. Hegman testified Reeves’ palm and fingerprints were left on the hood of the patrol car. Reeves testified he jumped over the hood of the car to escape before the gunshot was fired. Reeves’ prints were also found on the Sebring, outside of the rear passenger door, Hegman said.

Hegman testified Powell’s fingerprints were found on the Sebring outside of the front passenger door, outside of the driverside rear door and on the hood.

Flores’ prints, Hegman said, appeared only on the outside of the front driverside door.

“The only thing I can conclude is three people touched that vehicle,” said Hegman, referring to the Sebring. Defense attorney Dean Johnson pointed out only one print was attributed to Flores, the owner of the car.

Murtha, of R.J. Lee Group in Monroe, Pa., examined gunshot residue samples taken from Powell and Flores. Murtha said a gunshot particle must contain three elements – lead, antimony and barium. Four gunshot residue particles were found on Powell and Flores’ hands, Murtha testified.

Particles containing one or two of the three elements were also found on the hands of Powell and Flores, but Murtha said, these particles might not have been there as a result of a gunshot. Murtha testified three possible conclusions from her examination: the subjects fired a gun, they were in close proximity to a gun when it was fired or they came in contact with an area containing gunshot residue.

Murtha also testified hand motion and activity result in a higher loss of gunshot residue. Powell and Flores both were handcuffed prior to gunshot residue samples being collected by state detectives. Both had blood on their hands at the time the samples were taken, which, Murtha said, could also lead to particle loss.

Powell entered the courtroom after a 15-minute break, the last of the day, visibly distraught, wiping his eyes and nose with a tissue. After jurors were released, he was escorted out of the courtroom as usual by disciplinary officers. Powell, to this point calm and composed, appeared instead infuriated. His attorneys, Tsantes and Johnson, shrugged their shoulders, apparently unaware of what had provoked him.