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Jury told teen's gun couldn't have fired by itself

Brazill says in this videotaped confession that Grunow "pushed me away and told me to go to class ... he was laughing, and that really made me mad."

WEST PALM BEACH, Florida (CNN) -- An FBI expert testified Monday that the gun used by a 14-year-old boy in the fatal shooting of a middle school teacher in nearby Lake Worth could not have fired accidentally.

That contradicts a defense claim that Nathaniel Brazill, who was 13 at the time, did not intend to fire the shot that killed Lake Worth Community Middle School teacher Barry Grunow on the last day of school last year. Grunow was married and the father of two children.

Carlo J. Rosati, a physical scientist from the FBI laboratory testifying for the prosecution, was asked if the gun could have gone off from just being held or if Brazill had been shaking. To both questions, he answered, "No sir, that can not happen."

VIDEO CNN's Mark Potter reports on the alleged shooting captured on this security video taken at a Florida school Play video (QuickTime, Real or Windows Media) CNN's Mark Potter has more on the first degree murder trial of Nathaniel Brazill in West Palm Beach, Florida (May 2) Play video (QuickTime, Real or Windows Media)  DOCUMENT • Read the Florida law on juveniles being tried as adults  FINDLAW • Read the complaint against the gun maker (PDF) Documents in PDF format require Adobe Acrobat Reader for viewing.  MESSAGE BOARD School safety

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A gun and ammunition expert concurred. Under cross-examination, Lama S. Martin, who runs an unaccredited gun testing lab from his home, was asked if the gun could have gone off if Brazill's hand was shaking.

"I don't believe it would," Martin answered. But, he testified, "Unintentional trigger pulls happen more often in times of stress."

Defense attorney Robert Udell earlier told CNN, "Guns go off in this country unintentionally every single day and that's what occurred in this case."

Rosati's testimony came as the prosecution neared the end of its presentation. Prosecutors are expected to call their final witness Tuesday.

Much of Monday's court session was devoted to playing a videotaped statement taken shortly after the shooting in which Brazill admitted the gun fired as he pointed it at Grunow.

The prosecution believes the tape will convince the jury that Brazill shot on purpose and should be convicted of first-degree murder.

Udell said the taped testimony shows Brazill pointed the gun only to show he was serious, and it went off accidentally.

The defense has previously announced it plans to put Brazill on the stand later this week. That may happen Tuesday or Wednesday.

"If [members of the jury] think he's a bad kid, they're going to find him guilty," Udell said, "If they think he's a fine young man, they'll give that some consideration in determining what crime occurred here."

On the tape, Brazill told police he did not mean to hurt Grunow. "Me and Mr. Grunow, we were like good friends," he said.

Brazill described loading the gun with five bullets at his grandfather's house the weekend before the Friday shooting.

"I kept the safety on," Brazill said. "I put it in my bag [backpack]."

Later in the tape, which was made public last summer, Brazill described what happened when he told Grunow he wanted to talk to a girl in his classroom.

"I asked him if I could speak to them. He told me -- he told me no, he pushed me away and told me to go to class, and he had a smile on his face and he was laughing, and that really made me mad," Brazill said in the tape.

"OK, so what did you do then?" asked a detective.

"I don't really remember," Brazill replied.

"OK."

"I can't really remember. I think I pulled out the gun. I was like checking the lock. I was already holding it, and I was fixing to drop it, and I didn't know what was going to happen if I would have dropped it. It all went from there," Brazill said.

He told interrogators that he learned to load and cock the gun by watching "cop shows on TV." He said he pulled back the slide of the gun, putting a bullet in the chamber, but insisted, "I know I had the safety on. I kept the safety on."

Prosecutors argue that besides being angry that Grunow would not let him inside the classroom, Brazill was angry because he had been sent home for misbehaving earlier in the day and because he had recently received a failing grade.

A classmate of Brazill's testified Friday the defendant told her he was going to kill a counselor. Another classmate testified Brazill showed her a gun in the days before the fatal shooting.

Michelle Cordovez testified that she was with Brazill on the last day of school when the two were caught throwing water balloons and suspended by Kevin Hinds, a counselor at the school.

"[Brazill] said he was gonna come back to school and shoot Mr. Hinds. He said he had a gun," she said. Cordovez said she laughed at Brazill's comment, believing he was kidding. She quoted him as saying in response, "Watch. I'm going to be all over the news."

Under cross-examination by Udell, Cordovez said Brazill referred only to Hinds in his threat, not to Grunow. She said she hugged him goodbye on that day.

"You wouldn't have hugged him if you thought he was serious, would you?" Udell asked.

"No," Cordovez responded.

Another student testified Friday that Brazill showed her a gun three days before he shot Grunow. Tiffany Jenkins testified that when she asked Brazill whether he would ever use the gun to kill someone, he replied, "No, not unless I have to."

Classmate: Teen made death threat before shooting
May 4, 2001
Jury in teen's trial sees videotape of shooting
May 3, 2001
Friend says she saw teen-ager pull trigger
May 2, 2001
Florida teen offered plea in teacher shooting
April 17, 2001
Grand jury weighs charging 13-year-old as adult in teacher shooting
June 12, 2000

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