SpanishInquisition
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- Feb 27, 2015
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So, while it's remotely possible that some other .45 fired the bullet that hit TM, it's so very close to 100% certain that it was EN's gun that fired the bullet that hit TM. So close to 100% that I think we can safely consider it "known fact" that EN's .45 was the one that shot TM.
Something else that hasn't been posted on here, but has been on my mind is that multiple brands of 45 casings were found. Whenever I've gone shooting I've always fired the same brand unless I'm just going out for a bunch of target shooting and had a pile of bullets, but EN had a pre-loaded clips which would be less of a reason to mix his brands. Also from what I've read about his pistol was that he bought it legally, so it's not like he bought an illegal weapon and got handed a grab bag of ammunition with it. I'm pretty sure it's his weapon that killed TM, but I'm not sure enough to call it "Fact," especially since definitive tests will prove this.
The police have described TM being in front of BM in vague detail, so it is possible that TM had the 9MM while BM had a 45 and killed his mom because she got caught in the crossfire, which KM herself might not even know this. BM would be highly motivated to remove the 45 evidence at his home but he couldn't go back to the first location and remove evidence there give how by then the police arrived, which also it is implied that only one brand of 45 casings are found at the home (which those would be from EN's pre-loaded clips) that could support removal of evidence by BM. Also since EN's witnesses are silent about EN being fired upon, it is possible that if BM had a 45 that he fired on the Audi at the first location as well that explains the mixed brands. I'm not saying this is what happened, just I'd avoid calling something a "Fact" until the test results are in.
EDIT: Also keep in mind that because the police got rid of the body without any GSR testing, we don't know if the body would show close range powder burns that would have happened if BM had accidentally shot his mom with a 45 from close range. This tossing of evidence could not only result in EN getting off, but it could also result in BM getting off if he's the real culprit as the close-range powder burns would show his guilt. Also EN wouldn't necessarily know that friendly fire dropped TM, just he'd know she dropped during the crossfire, so EN could think himself guilty of shooting her even if he didn't shoot her.