I'm going to play devil's advocate here, but what if she was shot while in the water, didn't die instantly, fell facedown, was alive for a few minutes and actually was able to take in enough water to be a victim of near drowning? Medical examiner said that breathing would stop in minutes or seconds as a result of the gunshot wound April received. I think that the prosecution is all hung up on their theory that Justin shot her at the boardwalk, that may be their downfall. But I think they're trying to prove he lied about the sequence of events and the location on the beach where she was shot. If the jury decides to believe Alexander Jason, the defense reconstructionist, on this point, then the prosecution is in trouble.