The ME also said this:
Originally Posted by StephanieHartPI
Defense: And do you remember telling Detective Flores that you knew this because the gunshot wound would not have completely incapacitated somebody
ME: I don't recall saying that either
Defense: Is that something you think you would have never said to Detective Flores?
ME: I think I've said it here in court that I don't think it would immediately incapacitate him or kill him. But it would be a serious injury, but I don't recall telling Detective Flores that, no.
Defense: Ok, so, let me back up for a second, so you are saying the gunshot wound is not immediately incapacitating?
ME: I would say not immediately fatal
Defense: I'm not talking about fatal, I'm just talking about incapacitating
ME: I think...yes, it would be incapacitating, passing through his brain, so yes
Defense: So...and that's assuming it was passing through his brain, you would say it is incapacitating.
ME: I'm saying it did pass through his brain
Thus, although the ME said that the bullet passed through TA's brain and the gunshot wound was a "serious injury," he also said "
it would not immediately incapacitate or kill him." That's a direct quote from the ME.
Also, when asked if the bullet passing through his brain was incapacitating, the ME answered "I'm saying it did pass through his brain," not "Yes."
These and other parts of the ME's testimony demonstrate that the ME has not ruled out the gunshot first possibility.