It was a Rossi .38 Special, its black grip worn smooth, pit marks in several spots on the metal, trace of blood just above the trigger guard.
It holds five bullets and two of them were fired on
Sean Haverty didn't have that gun legally. That's already been determined. Just when he got it and why he got it remains a mystery as the prosecution continued its case on Day 6 of Haverty's first degree murder trial Monday.
Const. Brandy Sonnemann of the Guelph Police forensic identification unit recovered the gun, found hidden in a piece of drainage pipe at the rear of Haverty's garden shed at 28 Tiffany St. E., two doors down from where Schweitzer was killed.
A blood trail led to the spot.
Defence counsel Ari Goldkind again said in court Monday that the gun, who put it there, who fired it and whether it was used to kill Chris Schweitzer are not in question. As he said earlier in the trial, "this is not a whodunnit."
What is for the court to decide is whether or not it was first degree murder.
Sonnemann testified Monday that a gun holster was found on Haverty's bed and more ammunition was found inside a safe located inside Haverty's bedroom closet.
Roni McWilliam, whose house was between those of Haverty and Schweitzer, also testified.
McWilliam was in her garage around
"He asked me if the big guy with the long hair ever bothered me,'" McWilliam said. "I just said 'Sean no, he's harmless.'"
McWilliam said Haverty slurred his words and she "thought he seemed drunk."
Paramedic Corey Slavin said she and her partner arrived on the scene with their ambulance shortly after Schweitzer had been shot. After waiting five minutes for the area to be partially secured, they attended to the victim.
After three people dragged Schweitzer out of the enclosed porch area, she and her partner spent about 20 minutes trying to resuscitate him, to no avail.
She noted there was broken glass inside the porch but said under cross-examination from defence counsel Ari Goldkind that she had no idea how it got there or what location the glass actually broke.
That glass came from a bong that Schweitzer hit Haverty in the face with before being shot.
Whether that strike happened inside the porch or outside the porch has been a particular point of detail for defence council's cross-examination of several witnesses.
Andrew Wolf, a forensic scientist with the Centre for Forensic Science in Toronto and an expert glass analyst, put together 22 of the 41 shards of glass he was given by police, showing they were from the bong.
"But you don't know how many times he was hit? Where he fell? How many pieces of glass there were do you?" Goldkind asked.
"No," Wolf responded.
Wellington County OPP officers Aleisha Lusk and Richard Lytle were two of four officers who arrested Haverty as he lay on a hospital gurney in the suture room at
After arresting him without incident, police found $2,780 in his pocket. There was no blood on the money.
"If there was I would have noticed it," Const. Lytle said.
Goldkind asked two witnesses if they were aware, or found any evidence, of the sale of a motorbike that same day for that amount.
Both said no.
A partially-finished bottle of Smirnoff vodka and a large folding knife were later found in Haverty's car.
The trial continues on Tuesday.