What you will see is a host of commendations, awards - bronze star awards I believe they're called - bonuses, promotions, commendations from citizens, from a United States senator. This is a person with an unblemished service record. Unfortunately, on the morning of February 7, 2018, as Marcie was arriving at the
Northern Virginia Justice Training Academy Institute for -- for training -- she was off duty but required to go to this course along with many other officers -- she was carrying the P320 in a SIG Sauer holster. A SIG Sauer P250 holster, which was the prior generation of SIG Sauer guns. This was the holster SIG Sauer issued in the P320 gun box when it was distributed to all LCSO deputies. There were no provisions stating that she could not use this particular holster.
Some of you may know the difference between a duty holster and a concealed carry, an off-duty holster. This was an off-duty holster. This was not a large, bulky service holster. Once again, however, the evidence will show that there was no policy, there was no general order of the LCSO against carrying this particular holster.
Now, as the judge mentioned briefly in her opening remarks, that morning, because of the institute's regulations, Marcie had to disarm. She had to remove her holstered weapon from her duty belt before she went into the academy for training.
In the process of doing that, she put her hand on the largest piece of the P250 holster. She began to jostle it. She moved it forward from her right side carry position. She's sitting in a car, ladies and gentlemen. It's very cold outside. It's February. She moves the holster. As she's jostling it, she's moving her left hand over. It fires.
Her hand never touched the gun. Obviously, never touched the trigger. The trigger, when
it's in the holster, ladies and gentlemen, cannot be touched.
It's very important when you consider the evidence to understand that -- I don't want to call it a basic fact, but if you don't know firearms, it's something you need to know. When the gun is fully seated in its holster, the trigger at best can maybe be touched from behind, but it -- it is not accessible to pull the trigger.
The evidence will show, ladies and gentlemen, that Marcie, when the shot fired,
did not even hear the shot or report of the gun. We submit and we will show that's because she never pulled the trigger. That's why she didn't hear it. It entered her right leg.
We will have two experts testify that the -- number one, that the weapon was holstered when it discharged so that she couldn't touch the trigger, so it was contiguous to the surface of her pants at the time the gun fired. That left what's called a very telling piece of evidence, gunshot residue, or GSR. It is on her pants in the -- essentially the same
shape of the opening of the holster, a rectangular shape. Our expert will testify that this fact establishes beyond any question that this weapon was fully holstered when it discharged, meaning the trigger could not be pulled.
We will have a second expert, ladies and gentlemen, testify that not only did the gun have a product defect in that it fired without a trigger pull - every gun owner's worst nightmare. That can't happen, ladies and gentlemen. Every -- every law enforcementofficer's worst nightmare. We all know guns should never fire unless the trigger pull -- a trigger is pulled.
The second expert will show that as a result of literally X-raying the gun, CAT scanning the gun, if you will, a manufacturing defect was found on top of the product defect. On top of the weapon discharging in the holster, our expert will testify that there was a manufacturing defect involving the sear springs. He will explain to you exactly what that means, how that impacts the -- the product safety of this weapon, crossed and tangled sear springs clearly visible upon the use of an X-ray.
The bullet that entered Marcie's leg did catastrophic damage to her right femur, ladies and gentlemen. We are 17, 18 months later, and she is still limping. We will
have a radiologist testify as to the damage that this nine millimeter bullet did to her leg. It essentially exploded her right femur in five different pieces so that they no longer were unified.