Quote Quoting Stephaniechantell
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Does anyone have any advice about this? What can they do with only circumstantial evidence?
It's pretty damning "circumstantial" evidence ... a gunshot from your apartment ... same caliber as your now missing gun ... hubbie was likely inebriated or high (by your characterization of a charge of being under the influence) ... likely an alleged assault by a mystery individual no one else saw and is hard to believe happened ... your leaving ... the gun missing ... a prosecutor can make a pretty damning case here.

And about the GSR test if my husband was struggling with the offender when the gun went off wouldn't he have GSR on his hand too?
Probably. But, I'm sorry, no one is going to buy the "... I was minding my own business in a new apartment when this guy walks in without my knowledge and pulls a gun on me ..."

Sorry, but that sounds lame. if its true, it is one of those one-in-a-million things and he needs to buy a lottery ticket!

All the police found was the empty shell casings and one slug lodged in a stud in the roof of my place.
That can be enough. Unless neighbors heard him fight ar argue with someone other than you, it will look even more damning. And if any of the shell casings come back with even partial prints matching you or hubbie, then his goose is cooked.

They have so called witnesses but I know when I pulled up and heard the gunshots there was no one around anywhere.
Neighbors would have heard the yelling.

And, just to add to the Ripley's Believe it or Not scenario, it sounds just a tad too pat that you just pulled up, heard the shots, then ran to the police station ... calling would have been good, too.

I could probably hypothesize that you were involved or were present when this happened ... maybe the two of you argued ... maybe he or you fired the gun to scare the other one . who knows?

In any event, his defense story sounds pretty weak - legally and believably.

So without ballistics to the weapon used and without finding my weapon what the hell do they have really?
Possibly enough to convict.


- Carl