Did a dropped gun kill a sheriff’s sergeant? Expert’s Fresno testimony raises doubts
A forensic firearm expert who testified Monday in the involuntary manslaughter trial of former Fresno County Sheriff’s deputy Jared Mullis ruled out several theories as to how Sgt. Rod Lucas was slain Oct. 31, 2016.
Mullis, who is charged in the death of Lucas, told detectives he did not intentionally shoot his sergeant the night they were inside the department’s Special Investigations Division office. Mullis faces up to four years in prison if found guilty.
But how Lucas, a beloved sergeant, died is still not clear. Defense attorney Roger Wilson has said Mullis was showing Lucas his gun and holster when somehow the gun went off, hitting Lucas in the chest and killing him.
Mullis, in a taped interview shown to jurors Friday, told detectives he didn’t see the gun go off. He said he handed the gun to Lucas, then turned away when out of the corner of his eye he saw Lucas make a jerking motion as if he fumbled the gun.
Another possible scenario offered by the defense is the gun was dropped, then went off.
That theory seemed unlikely, said Mike Appel, a California Department of Justice senior criminalist.
Appel was asked by the Sheriff’s Office to test Mullis’s gun for several things — including whether it was working properly, how far away the shot was fired, and whether it possible the gun went off inside the holster.
Appel testified Monday he took the gun apart and found nothing wrong with it. He then did a “drop test” where he held the gun and then flung it to the ground. For safety reasons, he didn’t use any bullets in the gun. He listened to hear if the firing pin engaged — and it didn’t.
“We do a drop test to ensure it doesn’t actually go off,” Appel said “And with most modern firearms that never happens.”
One of the other possible explanations for how Lucas was shot is the gun went off in the holster when it was being passed from Mullis to Lucas.
Appel tested that scenario by firing the gun in the holster. Each time, it caused heavy damage. The gun holster recovered from the scene did not have any damage, Appel said.
Tests also showed that Lucas was struck from about 2 feet away — much closer than was estimated by one of the deputies who was there that night. The deputy testified the two men were standing 4 feet to 8 feet away from each other.
Appel said he completed his report and turned it over to the Sheriff’s Office. However, a year later, they asked for additional tests and gave him five more identical holsters. This time, Appel said, the detectives wanted to see what would happen if the gun was pulled about half way out of the holster and then fired.
Appel told prosecutor Amy Freeman he didn’t need five holsters for that test. It took only one.
“After the first test the holster completely exploded,” Appel said.
The trial continues Tuesday.
This story was originally published December 16, 2019 at 5:15 PM.
