FIREARMS IDENTIFICATION
Forensic Case review
Report Submitted to the
Graduate School Universidad De Manila
In
Partial
Fulfillment of the
Requirements for the subject
Science of Criminalistics
Submitted by:
WENDELL B. MALARASTA
MAY 2017
1
I- Introduction
A. Definition of terms
Ammunition
Is the general term applied to metallic cartridges and shot shells used in firearms.
Ammunition means any unfired assembly of primer, powder and ball which might be used in
a firearm. The word is generally used when referring to a supply of assembled cartridges in
bulk as in boxes or cases.
However, ammunition is often used to refer to the supply a person might be carrying in his
pockets, although the term ‘cartridges” is equally applied.
The term ‘round” is often heard especially by the military, but it refers today to a single
cartridge.
Shall mean loaded shell rifle, muskets, carbine, shotguns, revolver and pistol from which a
bullet, ball, shot, shell or other missiles may be fore by means of a gun powder or other
explosives. The terms also include ammunition for as air rifle as mentioned in this code.
(Chapter VII, Sec 290 of the National Revenue Code in Sec. 877 of The Revised
Administrative Code).
Ballistics
Basing from etymological definition, Ballistics means an activity that involves
throwing’
In the broadest sense, Ballistic refers to the study of projectiles, firearms and
ammunitions including the characteristics of firearm that affect the way projectiles
are fired.
In a technical sense, ballistics is the science of projectiles in motion from the
moment of firing until impact at the target. It covers the scientific study of the
propulsion (driving force), flight, and impact (destructive action) of projectiles
(Encyclopedia Britannica, 2000)
A branch of engineering that deals with the motion and behavior of projectiles such
as bullets, rockets, bombs, and guided missiles.
Ordinarily, ballistics is concerned with projectiles fired from small arms and cannons,
but it may be concerned also with the free flight of bombs and rockets. (world Book
Encyclopedia, 2002
But basing from the technical definition , ballistics is not focused really on the study
of firearms but on the motion of projectiles.
Bullet
A projectile propelled from the firearm. A metallic or non-metallic cylindrical projectile.
Originated from the French word “BOULETTE”, a small ball. In common police par lane, a
bullet maybe called “SLUG”.
Cartridge
A term to describe a complete un fire unit, consisting of bullet, primer, cartridge case and
gunpowder.
Chamber
The rear part of the barrel bore that has been formed to accept a specific cartridge.
Revolver cylinders are multi-chambered.
2
Expert
As used in court includes all witnesses whose opinions are admitted on grounds of
specialized knowledge, training and experience.
Firearm (Technical)
It is an instrument that is used for the propulsion of projectile by means of the
expansive force of gases of burning gunpowder.
Firearms or Arm (legal – Sec. 877 of the RAC and Sec. 290 of NIRC)
As herein used, includes rifles, muskets, carbines, shotguns, pistols, revolvers and
all other weapons from which a bullet, a ball, a shot, a shell or missiles may be
discharged by means of gunpowder or other explosives. The term also includes air
rifles, except that are in small in caliber and usually used as toys. The barrel of any
firearm is considered a complete firearm for purposes of Section 877 of the Revised
Administrative Code.
Firearms Identification
A discipline of forensic science which has as its primary concern to determine if a
bullet, cartridge case or other ammunition component was fired by a particular
firearm (AFTE definition).
Forensic
Derived from the word “FORUM”-meaning a market place where people gathered for
public disputation-PUBLIC DISCUSSION”
Forensic Ballistics
The science of investigation and identification of firearms and ammunitions used in
crimes.
Forensic Firearm Examination
A discipline of forensic science concerned with the forensic examination of arms and
ammunition, by Mr. Brian J Heard.
Gunpowder
Any of the various powder used in firearms as propellant charge. The inventor of
gunpowder is BERTHOLD SCHWARTZ, (real name is CONSTANTIN ANKLITZEN) a
Franciscans monk in the town of Freiberg in Germany.
Pistol
A hand firearm usually applied to single shot and auto loading.
Primer
The ignition components of cartridge primers are used for igniting prominent. A blow from
the firing pin of the firing cup compresses the priming composition to detonate. This
detonation produces a flame which passes through the vent of flesh hole in the cartridge
case, igniting the gunpowder.
Recoil
The rearward movement of a firearm resulting from firing.
3
Revolver
A hand firearm in which a rotating cylinder successive places cartridges into position
for firing.
Ricochet
The bouncing off or deflection of a bullet from its original trajectory (normal path)
after striking a resistant surface.
Target
An object at which the firearm is aimed and discharged.
Tattooing
Small hemorrhagic marks on the skin produce by the impact of gun powder particles also
called STRIPPLING.
Test Bullet
A bullet fired from a bullet recovery system for comparison analysis.
Test Cartridge Case
A cartridge case obtain while test firing a firearm in a laboratory to be used for comparison
or analysis.
B. Historical Background
Ballistics (gr. ba'llein, "throw") is the science that deals with the motion,
behavior, and effects of projectiles, especially bullets, gravity bombs, rockets, or the
like; the science or art of designing and hurling projectiles so as to achieve a desired
performance. A Roman war machine called “Ballista” is a gigantic bow or catapult which
was used to hurl large objects such as stones at a particular distance to deter animals
or enemy forces. A ballistic body is a body which is free to move, behave, and be
modified in appearance, contour, or texture by ambient conditions, substances, or
forces, as by the pressure of gases in a gun, by rifling in a barrel, by gravity, by
temperature, or by air particles. Today, the word Ballistics is frequently used
synonymously in the press and in the Police Parlance to Firearms Identification . It is a
science in itself because it evolved from systematic knowledge, research and
development, training, experience and education of those who pioneered in this field.
Technically speaking, it refers to the "science of firearms identification which involves
the scientific examination of ballistics exhibits such as: fired bullets; fired shells;
firearms; and allied matters, used in crime. Legally speaking, ballistics is the
microscopic examination of fired cartridge cases and bullets together with the recording
and presentation by means of photography of what is revealed by the microscope.
Alexandre Lacassagne (1844-1921) was the first to recognize the significance of the
striations etched found on a bullet extracted from a murder victim and it’s to link to the
gun from which it was fired, thus beginning the science of ballistics, while Edmond
Locard (1877-1966) established the first forensic laboratory in France. His principles
objects or surfaces which came into contact always exchange trace evidence . In
addition Col. Calvin H Goddard (1920) pioneered the introduction of science of Ballistics
4
in the different universities in U.S. subsequently it was universally practiced and
accepted in the different courts throughout the world. Known was known as the father
of Modern Ballistics. In 1920 the first major step was taken in Firearms Identification
through the development of Comparison Microscope.
Finally, firearm ballistics information is used in forensic science. Separately from
ballistics information, firearm and tool mark examinations involve analyzing firearm,
ammunition, and tool mark evidence in order to establish whether a certain firearm or
tool was used in the commission of a crime.
Ballistics is sometimes subdivided into:
1. Internal ballistics, the study of the processes originally accelerating the projectile,
for example the passage of a bullet through the barrel of a rifle;
2. Transition ballistics, the study of the projectile's behavior when it leaves the
barrel and the pressure behind the projectile is equalized.
3. External ballistics, the study of the passage of the projectile through space or the
air; and
4. Terminal ballistics, the study of the interaction of a projectile with its target,
whether that be flesh (for a hunting bullet), steel (for an anti-tank round), or even
furnace slag (for an industrial slag disruptor).
C. Principles of Firearms Identification
PRINCIPLES OF IDENTIFICATION OF A BULLET
No two barrels are microscopically identical as the surfaces of their bores all
possess individual and characteristics on their own.
When a bullet is fired from a rifled barrel, it becomes engraved by the rifling and
this engraving will vary I it’s minute details with every individual bore. So it
happens that the engravings on the bullet fired from one barrel will be different
from that on a similar bullet fired from another barrel. And conversely the
engraving on bullets fired from the same barrel will be the same.
Every barrel leaves its thumb marks on every bullet which is fired through it, just
as every breech face leaves its thumb marks on the base of every fired cartridge
case.
PRINCIPLES OF IDENTIFICATION OF SHELLS
The breech face and striker of every single firearm leave microscopically
individualities of their own.
The firearm leaves its “fingerprints” or “thumb mark” on every cartridge case
which it fires.
The whole principle of identification is based on the fact that since the breech
face of every weapon must be individually distinct, the cartridge cases which it
fires are imprinted with this individuality. The imprint on all cartridge cases fired
from the same weapon are always the same, those on cartridge cases fired form
different weapons must always be different.
5
Ballistics is sometimes subdivided into:
1. Internal ballistics, the study of the processes originally accelerating the
projectile, for example the passage of a bullet through the barrel of a rifle;
2. Transition ballistics, the study of the projectile's behavior when it leaves
the barrel and the pressure behind the projectile is equalized.
3. External ballistics, the study of the passage of the projectile through space
or the air; and
4. Terminal ballistics, the study of the interaction of a projectile with its
target, whether that be flesh (for a hunting bullet), steel (for an anti-tank
round), or even furnace slag (for an industrial slag disruptor).
Interior Ballistics
Internal or Interior Ballistics, It is the study of motion of projectiles within
the gun barrel. The time during which the projectile is influenced by Interior
Ballistics is very short. From the release of the firing pin to the moment the
sound of the shot can be heard as it leaves the muzzle occupies only about 0.01
seconds, in a modern rifle.
Interior ballistics involves:
1. Ignition of the primer.
2. Flames is produced
3. Combustion of the gunpowder
4. Energy that is generated
5. Force/Pressure developed
6. Velocity of the bullet (from the chamber to the muzzle)
7. Rotation of the bullet
8. Engraving of the cylindrical surface of the bullet.
Interior ballistics deals with the temperature, volume, and pressure of the gases
resulting from combustion of the propellant charge in the gun; it also deals with
the work performed by the expansion of these gases on the gun, its carriage,
and the projectile. Some of the critical elements involved in the study of interior
ballistics are the relationship of the weight of charge to the weight of projectile;
the length of bore; the optimum size, shape, and density of the propellant grains
for different guns; and the related problems of maximum and minimum muzzle
pressures.
Exterior Ballistics
Deals with the motion of projectiles from the time they leave the muzzle of the
firearm to the time they hit the target. The flight of most bullet or projectile does
not exceed 30 seconds at maximum range, which for almost any firearms is
obtained at an elevation of about 33.
CONDITIONS - refers to the natural laws.
a. velocity - speed per unit of time ex. M16 - 3,300 ft/sec.
6
b. energy - fatal equivalent of a bullet.
c. yaw - the unstable rotating motion of a bullet.
d. gyroscopic action - refers to the stillness of its rotating motion and
attained its highest momentum or stability in flight and penetrating power.
In exterior ballistics, elements such as shape, caliber, weight, initial velocities,
rotation, air resistance, and gravity help determine the path of a projectile from
the time it leaves the gun until it reaches the target.
Further, exterior (external) ballistics refers to the attributes and movements of
the bullet after it has left the gun muzzle. It includes:
1. Muzzle blast - the noise created at the muzzle point of the gun due to the
sudden escape of the expanding gas coming in contact with the air in the
surrounding atmos¬phere at the muzzle point.
2. Muzzle energy - energy generated at the muzzle point.
3. Trajectory - the actual curved path of the bullet during its flight from the
gun muzzle to the target. The following are the kinds of trajectory: straight
horizontal line - parabola-like flight - vertical drop
4. Range - the straight distance between the muzzle point and the target.
a. Accurate (effective) range - the distance within the shooter has control of
his shots, meaning he can place his shots at the desired spots.
b. Maximum range - the farthest distance that a projec¬tile can be propelled
from a firearm.
Terminal Ballistics
It is the study dealing with the effect of the impact of the bullet on the target.
Penetration of the bullet is of prime interest. Penetration is important also in
determining safety requirements for target backstops. They are important to
both sportsman and military.
TERMINAL BALLISTICS involves:
1. Terminal accuracy - size of the bullet grouping on the target.
2. Terminal energy - energy of the projectile when it strikes the target. Also
known as striking energy.
3. Terminal penetration - depth of entry of the bullet in the target.
4. Terminal velocity - speed of the bullet upon striking the target.
II- Sample Case
Case No. FID-001-15-10-99
Subject: Fatal shooting of One Luis Mendoza at Bicutan, Taguig, Metro Manila
on or about 12, October 1999.
Victim: Luis Mendoza
Crime: Murder
Circumstances:
7
Luis Mendoza was riding on his SUV plate number DFJ 574 somewhere in Bicutan
Taguig, Metro Manila when ambushed and fired.
Specimen Submitted:
1. One (1) Colt, Automatic Pistol, Caliber .45, SN-10176 NM with Magazine
2. One (1) Fired Cartridge case, Caliber .45, Marked “EMG-1”
3. One (1) Copper Jacketed Bullet, Caliber .45 marked “EMG-2”
III- Forensic Science Issue
1. To determine whether or not the submitted pistol mentioned in specimen No.1
is serviceable
2. To determine whether or not the submitted specimen No.2 was fired from the
submitted pistol mentioned in the specimen No. 1
3. To determine whether or not the submitted copper jacketed bullet mentioned
under specimen No. 3 was fired from the pistol mentioned in the specimen
No.1
IV- Case Rationale
1. The submitted COLT , Automatic Pistol, Caliber .45, SN-10176 NM was fired
tested in laboratory and was found to be in good working condition.
2. Microscopic examination conducted on the submitted evidence fired cartridge
caliber .45 marked “EMG -1” revealed that the submitted evidence fired
cartridge case was fired from the submitted COLT. Automatic Pistol Caliber .45
with SN-10176 NM.
3. Microscopic examination conducted on the submitted evidence copper jacketed
bullet Caliber .45 marked “EMG-2” revealed that the submitted evidence
copper jacketed bullet Caliber .45 marked “EMG-2” was fired from the
submitted COLT, Automatic Pistol, Caliber .45 with SN -10176 NM.
V- Policy Implications
Penal Provisions of Laws Relative to Firearms
R.A. No. 10591- An Act Providing a Comprehensive Law on Firearms and
Ammunition Providing Penalties for Violation Thereof
Art 155, RPC Alarms and Scandals — the penalty of arresto menor or a fine
not exceeding P200 pesos shall be imposed upon:
1. Any person who within any town or public place shall discharge any firearm,
rocket, firecracker, or other explosives calculated to cause alarm or danger;
2. Any person who shall instigate or take an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public tranquility;
3. Any person who, while wandering about at night or while engaged in any
other nocturnal amusements, shall disturb the public peace; or
4. Any person who, while intoxicated or otherwise, shall cause any disturbance
or scandal in public places, provided that the circumstances of the case shall not
make the provisions of Article 153 applicable.
8
Art. 254. Discharge of firearms. — Any person who shall shoot at another
with any firearm shall suffer the penalty of prision correccional in its minimum
and medium periods, unless the facts of the case are such that the act can be
held to constitute frustrated or attempted parricide, murder, homicide or any
other crime for which a higher penalty is prescribed by any of the articles of this
Code.
Case History
In murder investigation, a laboratory staffed by only partly trained
technicians made an erroneous identification in connection with cartridge cases
fired from a U.S. carbine, Cal.30 MI. This erroneous identification was fortunately
rectified by Col. Goddard who later made a positive identification in connection
with another weapon which led to the apprehension and conviction of parties
responsible.
PRINCIPLES : Gen. Maj. Castañeda and aides are three Filipino Assassins.
CRIME : Murder
TIME : Early morning, 15 November 1949
CIRCUMSTANCES:
Maj. Gen. Castañeda, Chief of Staff of the Phil. Army and an aide, a Phil.
Army Colonel were riding on a horse somewhere in Quezon City when ambushed
and fired several times. The aide was killed but Gen. Castañeda was able to
escape unhurt.
On 24, January 1950, Maj. General Anderson, Chief of JUSMAG (joint U.S.
Military Advisory Group) radioed GHQ, Far East Command Tokyo that the Phil.
Government requested that Col. Goddard be sent to manila on temporary duty to
deliver a series of lectures to the National Bureau of Investigation and was
visited by the Quezon City Prosecutor, who brought a large number of enlarged
photographs of the heads of crime and test cartridge cases supposed to have
been fired form the same MI carbine. However, Col. Goddard disagreed
completely with the findings of the Phil. Technician. The case was re-opened. He
was asked through Channels to examine a second weapon with the crime
cartridge cases and positively matched with the test crime cartridge cased fired
form the second suspect weapon. The four men originally tried and sentenced
were freed. Eventually, two of the three real assassins were apprehended, tried
and convicted.
Jurisprudence
State vs. HENDRELL 4 Idaho 88, 35 Pae. 836 (1894) is the first of the case which
treat firearms identification as a science. The expert used a microscope and
other scientific instruments in his examination of suspected bullets, and thus,
lifted this profession out of the rut of rule-of-thumb methods.
COMMONWEALTH vs. BEST 180 Mass. 492, 62 N.E 748 (1902) is probably the
first scientific discussion of the effect of the rifling in a gun barrel on bullets. Two
9
bullets were extended form the dead man’s body and compared with a bullet of
the same type and caliber which had been rammed through the barrel of the rifle
thought to be the fatal weapon. The defense objected to the admission of the
firearms because the force working on the test bullet was different from that
used to propel that fatal bullets, the rifle had been fired three times between the
murder and the examination, and more than two weeks had elapsed between
the fatal shooting and the expert’s test.
Chief Justice Holmes said:
:we see no other way in which the jury could have learned so intelligently
how that gun barrel would have marked a lead bullet fired through it, a question
of much importance to the case… We see no reason to doubt that testimony was
properly admitted.”
COMMONWEALTH vs. SACCO 255 Mass. 369, 151 N.E. 839 (1926) is still fresh in
the memories of public. Sacco and Vensetti were tried for the murder of
Beradelli. It was testified that at his arrest, Sacco had in his possession a COLT .
32 Automatic Pistol and some cartridges for that arm. A .32 caliber bullet, taken
form Berradelli’s body, was offered in evidence and the medical witnesses
testified that it had caused the death. Two different experts were qualified by the
prosecution and they gave the usual testimony linking the fatal bullet with the
ram found in the possession of the accused on appeal, this evidence was
approved, and the sentence and finding of the lower court were sustained.
PEOPLE vs. TIMBOL, et al., G.R. Nos. 47471-47573 (1943) is the latest and most
sensational criminal case ever registered in court in these Islands, on identical
problem on Ballistics was raised. At the Autopsy of Jose de Leon Sr., a bullet was
found between the body of the deceased and his undershirt. The prosecution
contended that was the bullet which killed de Leon. In order to determine who,
among the three accused who each had gun at that time of the incident, fired
that fatal bullet, the testimony of the Ballistician was presented, who testified
that after the examining said bullet and the gun of the three accused be came to
the conclusion that it was fired from the accused Gregorio Timbol’s Pistol.
A PERSON vs. MARCOS, G.R. No. 47388 is another sensational criminal case. The
bullet which Nalundasan was found in the body of the latter at the autopsy, but
no expert testimony on ballistics was offered in the case because the firearm
which the murderer used was not found.
VI- References
10
Jeffrey B. Bajita et al. (2016) 2016 Criminology Memory Aid Criminalistics.
JEF Publishing. Dasmarinas, Cavite Philippines.
Erdulfo M. Grimares (2013) Forensic Ballistics second Edition. Wiseman’s
Book Trading INC. Quezon City Philippines
Felipe G. Montojo (2007) Ballistics and Firearms Identification. National Book
Store INC. Mandaluyong, City Philippines
Official Gazette http://www.gov.ph/2013/05/29/republic-act-no-10591/
Retrieve on May 1, 2017
Chan Robles Virtual Law Library Online . Revised Penal Code
http://www.chanrobles.com/revisedpenalcodeofthephilippines.htm#.WQxKYoiGPIU
Retrieve on May 1, 2017
11