Residue typical of gunshot found on star witness in Melvin murder trial, court told

Investigators found 21particles characteristic of gunshot residue on police informant Derek MacPhee's hands and face after Terry Marriott was shot to death in 2009, aretiredRCMPexplosives expert testified Tuesday at Jimmy Melvin's first-degree murder trial.

AlanVoth said17 similar particles were found on JohnLively, a friend of Marriott's whose Halifax-area home was the scene of the shooting.

Voth, who specializes in gunshot residue, worked with the RCMP for 37 years and isnow a consultant. He was not involved in the Marriottinvestigation, but analyzed the investigators' reports.

MacPhee, a career criminal, is the Crown's star witness. Justice Jamie Campbell is presiding over the jury trial at Nova Scotia Supreme Court in Halifax.

Tens of thousands of particles per shot

The loose particles were collected by adhesive stubs placed on MacPhee'sand Lively's hands and faces. The samples were tested at the RCMP lab for gunshot residue.

Voth testified that Lively's left-hand stub had six particles characteristic of gunshot residue. His right hand and the right side of his face had four particles and the left side of his face had three.

Crown attorney Sean McCarroll asked Vothhow many particles of gunshot residue are generated with a single gunshot.Vothrepliedthey really don't know.

"The number is guesstimated to be in the tens of thousands," he said.

He called 17 particlesa "relatively high count."

Of the 21 particles found on MacPhee's four stubs, five were from his left hand, eight from his right handand eight from his face.

MacPhee testified to touching victim

MacPheehasbeen granted immunity from prosecution in the murder in exchange for his testimony against Melvin.

He previously testifiedhe droveMelvin to Lively's Harrietsfield home on an ATV and then took him home after the Feb. 20, 2009shooting. Both heand Melvin were armed with guns, he said.

MacPhee said when he got to the house, he parked across the street and heard five loud bangs. He testified that he woke Lively up after the shooting and they called 911.

He also toldthe court thatbefore the police were called,he searched Marriott's pocket looking for cocaine and money.

Lively has testifiedMacPheemoved Marriott's head and pulled down the blanket that was covering him before police arrived.

Transference of gunshot residue

Vothtold the court that if a person is shot and someone touched the body, he would expect to see gunshot residue transferred from the victimto the other person.

Gunshot residue particlesare not visible to the naked eye, but the cloud of tiny particles can disbursewithin three metreswhen the gun fires, he said.

"Those particles settle out of the air quite quickly. They don't hang in the air very often, so they can settle by any surfaces that are in the vicinityon a table, on a chair, on any kind of a surface. They can settle on people as well," Voth said.

Voth said based onphotographs of the TV room where Marriott was shot,if the firearm was discharged in that room, it could have leftgunshot residue particles throughout the space.

"Depending on the direction and where the firearm was pointed, I would expect there would be more particles in one area than in another."

Clothing seized, DNA tested

The trial also heard Tuesday from acivilian DNA expert with the RCMP.

Katherine Murphy testified that DNA found onMacPhee's jeans was of mixed origin consistent with having originated from at least three individuals. She saidthe profile of the major component in the DNA sample matched Marriott's.

"The estimated probability of selecting an unrelated individualhaving that same profile from the Canadian caucasian population was one in 14 billion," Murphy said.

Last week, aforensic identification specialist with Halifax Regional Police testified that Marriott's blood was found on the inside of the front right pocket ofMacPhee's jeans.

The trial continues Wednesday.