A gunshot expert who helped George Zimmerman beat a murder rap in the Trayvon Martin case testified Thursday in a federal civil rights trial on behalf of two former Fresno police officers who fatally shot Stephen Willis four years ago.
Dr. Vincent Di Maio's testimony came with a hefty price tag: $14,400.
In the second week of the trial, Di Maio told jurors that Willis, 23, was "grossly intoxicated" and was shot more than dozen times by former officers Daniel Astacio and Greg Catton during the early hours of March 28, 2009.
He said none of the gunshot wounds were at close range and none of them would have instantly incapacitated Willis, who was armed with a revolver.
But the nationally recognized expert did say Willis was shot several times in the back and one of those bullets pierced Willis' heart, which he said would have killed him within 15 seconds. The bullets also pierced Willis's left lung, stomach, spleen, chest, liver and small intestine, he testified.
Willis' parents, Chris and Liz Willis, have sued Astacio and Catton for using excessive force and are seeking damages for wrongful death, funeral expenses and emotional pain. They contend their son was taking his revolver, which he used earlier in the day at a target practicing range, from the trunk of his car and into his home for safekeeping when he was killed.
At issue in the trial is whether Astacio and Catton identified themselves as police officers before they shot Willis and whether Willis pulled the gun from its holster and aimed it at the officers.
In addition, Astacio and Catton have testified that Willis fired at least two shots at them, but attorneys Walter Williams and Peter Koenig, who represent the Willis family, contend Willis never fired one round.
After Willis was killed, police found five live bullets and one empty shell casing in Willis' revolver. If Willis had fired his weapon, the empty shell casing should have been in front of the firing pin, Willis' lawyers contend.
Instead, there was a bullet in front of the firing pin, a Fresno police crime-scene specialist has testified.
Fresno attorney James Weakley, who represents Astacio and Catton, called Di Maio to the witness stand to explain the 41 shots fired at Willis.
Di Maio, a forensic pathologist who has written four books on gunshot wounds, grabbed headlines this summer when he testified that his review of evidence indicated that Martin was on top of Zimmerman when Zimmerman fired his gun and killed the teen.
His testimony supported Zimmerman's claims that he was acting in self-defense and in July a jury in Florida acquitted Zimmerman of murdering Martin. He was also acquitted of the lesser charge of manslaughter.
In the Willis case, Di Maio said his review of the evidence showed that Willis had a .29 blood alcohol. At that level, most people would be passing out, but Willis likely was a heavy drinker and therefore had a high tolerance to alcohol, Di Maio testified.
In addition, Willis' blood alcohol level was likely higher than .29 because he had some undigested alcohol in his stomach that had not been absorbed into his blood stream, Di Maio told the jury.
Di Maio testified that Willis suffered 14 gunshot wounds and was grazed twice.
Because Astacio and Catton were both shooting .40-caliber, semi-automatic Beretta handguns, Di Maio said in the initial encounter near the trunk of Willis car, Astacio, who testified he fired first, shot Willis in the left collarbone and then in the left upper arm as Willis was turning to run. The bullet in the upper arm then went into Willis' chest, Di Maio said.
Willis then suffered a gunshot wound to his left upper arm and that bullet went into his chest and then the abdomen, Di Maio testified, noting that the trajectory of the bullet was left to right and slightly downward.
Di Maio also noted a bullet went into the back of Willis' right thigh.
In the second encounter, the officers were on opposite sides of Willis, who had crouched behind a vehicle. Di Maio testified that Willis suffered gunshot wounds from bullets that had lost their velocity. That would be consistent with Catton's testimony that he emptied two magazines as he shot through the windows of a van toward Willis, he said.
"They were shallow wounds," Di Maio testified.
Catton and Astacio also have testified that they fired at Willis as he knelt toward Catton and pointed his revolver at the officer.
Di Maio said the evidence shows that Willis was shot twice in the back. One of the bullets went into Willis' heart, he testified. He also noted gunshot wounds to the back of Willis' right thigh, right leg and left ankle.
Once Willis had collapsed onto the ground, Catton testified he went to where Astacio had ducked for cover. Catton said he then shot Willis because Willis was reaching for his gun.
Di Maio said Catton's bullets hit Willis in the right upper back and in the middle of his back.
Astacio and Catton no longer work for the Fresno Police Department. Astacio works as a security guard locally, and Catton is a police officer in Vancouver, Wash.
Testimony in the trial should wrap up Friday.
The reporter can be reached at (559) 441-6434, plopez@fresnobee.com or @beecourts on Twitter.
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