NORTHAMPTON-The weapon allegedly used in the murder of David Sullivan and the area in which it was found was a major focus during yesterday’s proceedings at Hampshire Superior Court.
Prosecutor Renee Steese’s examination focused on the Colt CAR-15 rifle that Bryan Johnston allegedly used to kill his friend “Sully.” Continuing from the previous day’s testimony, Lt. Ronald Young of the Amherst Police Department offered testimony on the rifle and the thorn-laden brush area off Old Bay Rd. where officials found the discarded weapon.
“We recruited State Police, the search and rescue unit, the Alcohol, Tobacco and Firearms (ATF) agency as well as K9s in a grid-search method” Lt. Young said.
Lt. Young said of the area where the rifle was located on the morning of December 9, 2004, “I had to negotiate through very thick pricker-bushes located about 25-30 yards off Old Bay Rd.”
The jury watched as the prosecution presented a DVD recording of the area taken last month. While officials testified it appeared the rifle was placed leaning against the tree where it was found rather than thrown, police observed no visible path to the weapon.
This was evidence perhaps explaining the thin red scratches former coworker Gareth Mellow testified he observed all over Johnston after Johnston called him for a ride because his car was stuck on a log.
Prosecution also presented rifle magazines (or “clips”) and an ammunition reloading kit police seized during a search of Johnston’s residence. The kit was described as a basic and/or starter kit as it offers an inexpensive way to construct and reload ammunition at a cheaper rate. This is a “painstakingly slow” way to reload, Lt. Young said.
The prosecution also called State Trooper John Schrijn to the witness stand to offer testimony on the rifle and on hollow-point bullets, the type of bullets used to kill Sullivan.
“The purpose [of the hollow-point bullets] is to expend as much energy as possible where it strikes, shooting fragments outward upon impact,” Schrijn said. Such bullets are mainly used for hunting, he added, but can be used for other activities, such as target practice.
“This bullet is intended to kill,” defense attorney Alexander Nappan said.
An autopsy confirmed the bullets used to kill Sullivan matched the 19 live cartridges found at Meadow St. as well as the bullet found off Old Bay Rd. along with the Colt CAR-15 rifle.
Schrijn also gave testimony regarding modifications and adjustments made to the rifle after it was purchased, saying, “Colt initially marketed it with a straight stock (the butt of the gun) and a 24-inch stainless steel barrel.” The rifle at hand was cut to 17.5 inches to make it shorter and lighter. Other modifications included an adjustable “variable” scope and a laser device for accuracy, as well as an attached six-volt battery powered flashlight.
With extensive education and experience in evaluating fingerprint identification, the prosecution called State Trooper Chris Dolan. Dolan, who has made over 1 million fingerprint identification comparisons and roughly 1 thousand verifications throughout his career, testified that while no prints were found on the rifle upon preliminary examination, matches to Johnston were found on the stock of the rifle.
“Two of the three latent prints matched the right ring and middle finger of Bryan Johnston,” Dolan said.
The difference between finger ridge-skin prints (prints involving the raised portions of skin found on the finger tips and feet that are unique to each person) and latent prints is that an actual DNA impression is left through the skin’s pores on something touched, Dolan said.
While steroids weren’t discussed, prosecutor Steese did show the jury a pouch found during a search of Johnston’s residence that included syringes used for injecting steroids. While defense attorney Nappan has made it clear Johnston murdered David Sullivan, it will be up to the 16 member jury to deliberate over the defense’s insanity plea.
