Handgun jammed after shooting, court told

A fourth bullet remained in a Luger handgun that was seized by RCMP following a death of one man and near-shooting of another in February, 2009.

But that bullet was jammed in the gun.

The jammed bullet was revealed in the B.C. Supreme Court trial of Robert Barinecutt Tuesday.

Barinecutt is charged with second-degree murder as well as using a firearm in an attempted robbery.

James Atwater testified Monday that he wrestled the Luger away from Barinecutt, after the man pointed it through his car window outside the Brockehurst 7-Eleven. One shot grazed Atwater's finger while two others missed both men as they grappled in the parking lot.

But a fourth round remained stuck in the gun, RCMP Const. Andre Mathieu testified.

"This is the live round that was jammed in the run on that day," Mathieu said as he displayed the bullet that he extracted from the handgun by police.

Barinecutt's alleged crime spree started earlier Feb. 15, 2009, on Highway 5N, where William Brent McEwan was shot. He later died.

In later testimony Tuesday about the events of that day, a Heffley Creek resident testified that she pulled a U-turn on Highway 5N when she saw a small red car in the ditch on her way home after work.

"I noticed he was bleeding," said Martina Duemler, a pharmacy technician who is trained in first aid told the court.

Duemler said she instructed her husband to turn the car's ignition off while she donned gloves to prepare to administer first aid.

She attended to the man, who was slumped over in a pool of blood on the seat. He had holes on the both sides of his head.

Duemler said she told he husband to call for an ambulance when she saw "grey matter coming out of the left side of his head."

The trial in front of a 12-person jury is scheduled to continue Wednesday.

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