| Wirt County Sheriff's Deputy Lewis Peck testified yesterday in the murder trial of Roger Flinn, accused of shooting Russell Eastham and Sylvia Fittro.
The re-trial started Monday.
Flinn is now accusing Daniel Neptune of being the shooter.
Deputy Peck said Flinn and Neptune did not have differences, a point being made by the defense.
Dr. Nabila Haikal, First Deputy West Virginia Chief Medical Examiner, testified "The characteristics indicate a non-close proximity range of fire."
There were conflicting details regarding what type of ammunition was fired. A State Police expert connected a bullet to the recovered weapon.
The absence of forensics appears to be a problem in the case against Flinn.
There was no gunshot residue, D.N.A. or blood found.
While clothing samples were taken from Flinn, none were taken from Neptune.
"At that point, I couldn't determine those were actually the clothes (Neptune) was wearing at the scene," Deputy Peck said.
When asked if he requested the clothes Neptune was wearing, Peck replied he did not.
A forensics witness says the gunshot residue could have been washed off from rain the night of the murders.
Deputy Peck testified that Neptune got rid of the suspected murder weapon after the shootings, but later helped authorities find it.
Prosecutors say Neptune was with Flinn the night of the murders, made some "stupid mistakes" in getting rid of possible evidence, but then cooperated with State Police and Wirt sheriff's deputies investigating the murder case.
"He later assisted law enforcement in returning to the area, in recovering the firearm from that area," Assistant Wood County Prosecutor Leslie Maze told the newly-seated jury yesterday.
Maze said "Experts from the West Virginia State Police, said that the firearm recovered from that area indeed caused the death of Eastham and Fittro."
Maze said Neptune was afraid Flinn was going to kill him too.
Flinn's attorney argued Neptune kept changing his story when he spoke to investigating officers.
Defense attorney White argued there was no evidence at the murder scene that connected Flinn to the murders.
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