Expert witness· Florida Department of Law Enforcement

Elizabeth Richey

Florida Department of Law Enforcement firearms analyst who testified for the State as an expert witness in both the 2019 Garcia–Magbanua trial and the 2022 Magbanua retrial.

AppearedGarcia–Magbanua Magbanua Retrial

87 lines·6 proceedings·1 mention·2 trials

About

Her testimony provides the firearms-comparison record linking the two projectiles to the same unidentified firearm while distinguishing a submitted firearm that did not fire them.

Elizabeth Richey is an FDLE firearms analyst who testified as an expert in firearms analysis and identification. She compared two projectiles associated with Dan Markel's murder, using class characteristics and microscopic or individual rifling features, and concluded that they were fired from the same firearm. She described the projectiles as within the .38 caliber class, with .38 Special and .357 Magnum revolvers among the relevant candidates. Her testimony did not identify a particular firearm as the source. She also testified that a separately submitted firearm did not fire the two projectiles, and explained that the absence of cartridge cases was consistent with a revolver retaining them until manually removed.

Trial Record (6)

GMGarcia–MagbanuaSep 26, 2019 – Oct 11, 2019Called by prosecution

On Day 4, FDLE firearms analyst Elizabeth Richey testified that two bullets were fired from the same firearm and that a separately submitted firearm did not fire them.

Day 4

Oct 2, 2019

DirectElizabeth Richey - DirectElizabeth RicheyGeorgia Cappleman4highlights29lines spoken

Summary

Firearms analyst Elizabeth Richey testified that two recovered bullets were fired from the same firearm.

Highlights (4)

procedural actionElizabeth Richey was tendered as a firearms-identification expert, and the court allowed the examination to continue without voir dire from either defense team.Open in transcript →Watch this moment ▶

testimony highlightRichey testified that the two fired bullets in State's Exhibits 167 and 168 had been fired from the same firearm.Open in transcript →Watch this moment ▶

Quote“Yes. But I did not use the class characteristics to come to that determination. I used the individual characteristics that are found within the rifling to come to that determination.”— Elizabeth RicheyRichey distinguished the basis for her same-firearm conclusion from the bullets' shared class characteristics.Open in transcript →Watch this moment ▶

testimony highlightRichey testified that the bullets fell within the .38 caliber class and that the database candidates were revolvers chambered in .38 Special or .357 Magnum.Open in transcript →Watch this moment ▶

CrossElizabeth Richey - CrossElizabeth RicheyChristopher DeCoste2highlights29lines spoken

Summary

Richey said a firearm later submitted for testing did not fire the two bullets she examined.

Highlights (2)

testimony highlightRichey testified that the two bullets were not fired from the firearm later submitted to her for testing.Open in transcript →Watch this moment ▶

Quote“The bullets were not fired from the gun that I received.”— Elizabeth RicheyRichey directly excluded the later-submitted firearm as the source of the two bullets she had examined.Open in transcript →Watch this moment ▶

RedirectElizabeth Richey - RedirectElizabeth RicheyGeorgia Cappleman1highlight1line spoken

Summary

Richey confirmed that the submitted firearm did not fire the two projectiles.

Highlights (1)

testimony highlightOn redirect, Richey confirmed that the submitted firearm did not fire the two projectiles at issue.Open in transcript →Watch this moment ▶

KMMagbanua RetrialMay 18, 2022 – May 27, 2022Called by prosecution

On Day 5, FDLE firearms analyst Elizabeth Richey testified that two projectiles were fired from the same firearm and explained their caliber class and the cartridge-case characteristics of a revolver.

Day 5

May 24, 2022

ProceduralPre-Testimony Motions: Exhibit 100 Ruling and Crawford Challenge to Adelson WiretapsMentioned

Summary

The court admitted Exhibit 100 and denied the defense's Crawford challenge to Adelson wiretap calls.

Mentioned in this proceeding.

DirectElizabeth Richey - DirectElizabeth RicheyGeorgia Cappleman5highlights22lines spoken

Summary

Firearms analyst Elizabeth Richey testified that two recovered projectiles were fired from the same firearm and were consistent with a revolver using .38 Special or .357 Magnum cartridges.

Highlights (5)

procedural actionThe court accepted Elizabeth Richey as an expert in firearms analysis and identification without defense voir dire.Open in transcript →Watch this moment ▶

testimony highlightRichey testified that the two projectiles identified as State's Exhibits 125 and 126 were fired from the same firearm.Open in transcript →Watch this moment ▶

Quote“That they were fired from the same firearm.”— Elizabeth RicheyRichey gave her conclusion linking the two examined projectiles to one firearm.Open in transcript →Watch this moment ▶

testimony highlightRichey testified that the projectiles were most consistent with .38 Special or .357 Magnum cartridges and that the findings were consistent with a revolver retaining cartridge cases until manually removed.Open in transcript →Watch this moment ▶

Show all 5 highlights

Quote“These bullets are more -- most consistent with .38 Special or .357 Magnum cartridges.”— Elizabeth RicheyRichey identified the caliber-class conclusion from the projectiles.Open in transcript →Watch this moment ▶

CrossElizabeth Richey - CrossElizabeth RicheyTara Kawass5lines spoken

Summary

Richey said a recovered firearm could potentially be compared with bullets from this case or other crimes.