Human beings “shoot faster than they can observe changes in their environment,” a firearms expert has told the trial of a law professor accused of murdering a trespasser on his farm in a fatal shooting.
Giving evidence for a second day on Friday, firearms expert and former special agent with the US Department of Justice Curtis Marshall said reaction time can be affected by stress and a person’s inexperience with a situation.
Diarmuid Phelan (56), a leading barrister, has pleaded not guilty to murdering father-of-four Keith ‘Bono’ Conlon (36) at Hazelgrove Farm, Kiltalown Lane, Tallaght, Dublin 24 on February 24th, 2022.
The accused is a barrister, law lecturer and farmer who owns Hazelgrove, formerly a golf course in Tallaght.
Mr Conlon, from Kiltalown Park in Tallaght, was seriously injured in the shooting incident on February 22nd and died from a single gunshot wound to the head at Tallaght University Hospital two days later.
In her opening address, prosecution counsel Roisin Lacey SC said the jury will hear evidence that on the day in question three men – the deceased Keith Conlon, along with Kallum Coleman and Robin Duggan – had trespassed on a wooded area of Mr Phelan’s land while hunting foxes or badgers.
Evidence has been given that there was a confrontation and Mr Phelan shouted at Mr Conlon and a second unarmed trespasser to “get back” before he fired three shots from his Smith & Wesson revolver. The third shot struck Mr Conlon.
The 12 jurors were told by the State in their opening address that Mr Phelan said he was shaking with fear and “scrambled” up a bank to get away but when the two men kept coming, he believed they were “coming to fulfil the threats they had made”. Mr Phelan said he intended only to fire warning shots.
Continuing his evidence on Friday, Mr Marshall told defence counsel Sean Guerin SC that the challenge presented in a high stress situation has a lot to do with inexperience. He said inexperienced officers would not typically know where to look or what to look at.
“There are different threats and you’re trying to process that all at once,” he said, adding later: “A big part of the stress and anxiety is being in a new situation you are not familiar with.”
Mr Marshall said Mr Phelan could have discharged his revolver three or possibly four times in the short amount of time it would have taken for Mr Conlon to turn his head.
Police officers would feel that “they need to process the information that they see and they have to make the best decisions based on the challenges that they see,” Mr Marshall said.
He added: “Human beings can shoot faster than they can observe changes in their environment and make decisions.”
Mr Guerin asked the witness about Mr Phelan’s account of firing warning shots. Mr Marshall said in his experience, no law enforcement authorities would use warning shots except the coast guard who would typically use it when firing across the bow.
He confirmed that warning shots are portrayed on television and in movies “all the time”.
The trial continues on Monday before Ms Justice Siobhán Lankford and a jury of nine men and three women.
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