Ballistics and forensics experts testified during the second week of trial for James Stuart, a Deptford police officer charged with murder.
WOODBURY -- There was nothing on video to indicate that James Stuart and David Compton had any kind of dispute on the night of Jan. 4, 2013. Surveillance footage from Lazy Lanigan's bar in Washington Township seemed to show five young guys having an average night.
As the second week of testimony in the trial of Stuart -- a Deptford police officer who was charged with murder-- got underway, Gloucester County Prosecutor's Office Detective Petroski said that although surveillance video from the bar and a subsequent 2 a.m. trip to Wawa had no audio, there was nothing in Stuart's or Compton's behavior that might have presaged a violent confrontation.
"They're five young men, they're having a nice night out," said John Eastlack, Stuart's defense attorney. Stuart, who was off duty, and Compton had met up with three other longtime friends at Lazy Lanigan's, then headed back to Stuart's Deptford home before Compton was fatally shot just before 5 a.m. on Jan. 5, 2013.
"No fighting, no arguments, no issues," Eastlack continued. "They're dancing with some girls, they're having a couple of beers. It's generally a nice time. There's no problem? No issue?"
"None that we observed," responded Petroski.
Assistant Prosecutor Dana Anton, however, noted that there was no sound on video from either the bar or Wawa, meaning investigators had no way of knowing for sure if the conversation had been friendly.
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Eastlack countered that it was "common sense" that there was no body language to suggest a conflict.
Tension in the courtroom grew as the cross-examination turned to Petroski's interview of a friend who was at the bar with Stuart and Compton. Petroski had referred to the shooting as an accident during the interview.
"Sometimes, something gets misspoken, or you flat-out lie to make someone comfortable and elicit the truth," said Petroski when he was asked why he called the shooting accidental during the interview with Stuart's friend.
"But that was toward the end of the interview," Eastlack said, pointing out that Petroski was still referring to the shooting as an accident on page 27 of a 29-page transcript. "You chose the phrase that it was an accidental thing."
"You've already tried to make someone comfortable," continued Eastlack, his voice rising. "You weren't using any slick investigative technique. You said it because you meant it."
Petroski's response was simple.
"I don't believe that," he said quietly. The detective was then excused from the stand.
Petroski was followed by a New Jersey State Police ballistics expert who testified that Compton was killed by a bullet fired from Stuart's off-duty service weapon, a Glock 27 pistol.
Dr. Fung Kwok, the Connecticut-based forensics expert who analyzed both men's clothing and skin swabs for gunshot residue, said during the trial on Tuesday that he had found gunshot residue on the right sleeve of Stuart's shirt and on Compton's hoodie. He did not, however, find residue in swabs taken from either man's hands.
He said the three most common ways for an object or skin swab to test positive for residue would be if the samples came directly from the shooter, if they were in close proximity to the gunshot, or by accidental transfer -- for instance, the shooter's hands brushing a piece of furniture or clothing.
"I failed to detect any presence of gunshot residue on the right or left hand," said Kwok, referring to both Compton and Stuart's hands.
Eastlack asked if there was any way Kwok could have known whether the residue on the men's clothes had settled there after the gunshot, or if it had been transferred there by touch. Kwok said that the test could only detect the presence of gunshot residue, not determine its origins.
Testimony will resume Tuesday afternoon.
Andy Polhamus may be reached at apolhamus@njadvancemedia.com. Follow him on Twitter @ajpolhamus. Find the South Jersey Times on Facebook.