Firearm expert says weapon deemed firearm although missing part

Even though it had no cylinder, the gun police found at the residence of Matthew Omar Adams almost 10 years ago was “a firearm” as defined under the Firearms Act.

Forensic firearms examiner Sergeant David Leslie gave that evidence on Thursday in the trial of the 6th Avenue Warner’s Gardens, Christ Church resident who is accused of having possession of a Smith and Wesson .32 revolver without a license on June 3, 2012.

Adams, who is in his late 30s, is on trial before Madam Justice Pamela Beckles and a nine-member jury.

Sergeant Leslie said when he examined the weapon, he deemed it to be in “poor operating condition” as the cylinder was missing. However, he explained that the gun did fire the “cartridge case” of a “downloaded cartridge” that was used to test fire it. He said he had used that method for safety reasons since the cylinder was missing.

“Based on my training and experience, all that was needed to fire a live round was to replace the cylinder. Yes, it is a firearm,” he testified.

Under cross-examination by Adams’ attorney Verla DePeiza, the gun expert said that the type of fireman for which the accused was charged was manufactured between 1883 and 1909.

While agreeing that the gun was over 50 years old, he stated: “It is not an antique. An antique firearm is not capable of discharge.”

Sergeant Leslie admitted that he did not fire the gun with a cylinder in place because none was available.

The gun, according to lead investigator Police Constable Derwin Belgrave who was one of five state witnesses, was found under a cap on a shelf in the living room of the house where the accused was living at the time, when police executed a search warrant.

When the gun was discovered, officers also noticed that it had no cylinder and there was also black tape around the handle.

“Ross bring that here Wednesday night and left it with me,” Adams had told police when asked to account for the weapon.

During the investigations, Adams also gave police a written statement which officer Belgrave read to the court.

In it, Adams said: “On the . . . Wednesday, I and Ross was at the ghetto and Ross showed me two firearms. Later that night, Ross ask to sleep by me and came and stayed there with the two firearms and he leave one there with me in the morning. On Friday night outside Sheraton, two police hold me . . . . On Sunday, the police take me home with a warrant; they search and found the firearm that Ross leave there under my hat on the shelf. They ask me about it and I told them how I get it.”

On Thursday, in an unsworn statement from the dock of the No. 5 Supreme Court, the accused man told jurors: “Yes, it is true I did let Ross stay up by me that . . . night . . . but I also let the police know about that also. That is all I have to say, can’t say nothing more.”

The prosecutor in the case, Crown Counsel Romario Straker and defence counsel Depeiza will make their closing addresses to the jury tomorrow.