Dorothy couldn’t draw words from her throat.
“From your point of view,” Change went on, “you need to keep in mind that you may not be able to charge your suspect with premeditated murder. Only attempted murder, because the gunshot wounds weren’t the direct cause of death.”
“But”-Dorothy cleared her throat-“why would the paramedics do CPR unless his heart had stopped?”
McCain picked up on her question. “There you go: Shock from being shot stopped his heart in the first place. So you could give us a direct link to Delveccio, right, Doc?”
“His heart had to have stopped,” Dorothy insisted.
“It’s a thought,” Change admitted. “Even so, the defense could argue that the gunshot wounds combined with a preexisting arterial defect might have been enough for a precipitous drop in blood pressure. He could’ve had a pulse, but a very faint one, and the EMTs missed it.”
“But still, there’s a direct link to the gunshot wounds.”
“Unfortunately, Detective Breton, that’s all theory. In a medicolegal context, the gunshot was not the cause of death. Mr. Van Beest expired due to a burst artery. And we have no way of knowing precisely when that occurred. The defense could even argue that the paramedics made it worse, that without their compressions the victim would’ve survived. Each downward motion against the sternum could have caused the wall to stretch wider and wider until it ripped open. The area is right below the clavicle near where the aorta splits into the carotid artery that feeds the head and the subclavian artery that feeds the upper body. These are major vessels that transport lots of blood.”
“That’s ridiculous,” said McCain.
“Perhaps, but it’s more than reasonable doubt.”
The room fell silent.
McCain cleared his throat. “The stress of getting shot had to make his heart beat faster, which would put stress on that sac, right?”
Change didn’t speak.
“Isn’t that so, Doc?”
Change picked up a pencil and waved it like a wand. “Yes, the sympathetic nervous system kicks in under stress. I’m sure at some point his heart was beating very rapidly.”
“So would that increase the likelihood of the aneurysm tearing open?”
“That’s more than speculative. I could surmise, but I wouldn’t know how fast his heart had been beating. The defense would seize on that. If I were Delveccio’s lawyer, I’d keep focusing on the compressions.”
Dorothy said, “There is no way the burst artery could have been caused by one of the gunshot wounds?”
Change shook his head. “No hole was found in the area.”
“What about a deflected bullet?”
“That’s not what happened, Detective.”
“Julius fell on his chest when he was shot,” Dorothy said. “Maybe the thump on his chest burst open the aneurysm.”
Change thought about that. “It’s a possibility. But then again, I heard he got hit pretty bad across his chest at last night’s game. The defense could argue that that was the triggering event.”
“We were there,” Dorothy said. “It looked to me like he got hit in the neck.”
Change said, “A long arm fouling him like that probably impacted his neck, face, and chest. Must’ve been a severe blow to knock such a large man down. I hear he was out on the floor for quite a while.”
“He came back and played the game of his life,” Dorothy said.
“That doesn’t mean damage wasn’t done. Perhaps the fouling did exacerbate an arterial tear. Combine that with chest compressions…” Change threw up his hands.
McCain said, “Defense this, defense that. How about giving us something to work with?”
“I just want to tell you what you could be up against- what the DA will consider when you plead your case. On attempted murder, Detectives, you’ve got a cakewalk. But I couldn’t say beyond a reasonable doubt that the aneurysm burst because of anything the shooter did.”
“That’s crazy,” McCain said.
“Attempted murder is still jail time,” Change said.
“It’s not the same as premeditated murder,” McCain said. “That would be life without parole, and that’s what the asshole deserves-shooting up a club like that.”
“Can I go back to something?” Dorothy said. “You said you thought it was a preexisting condition.”
“Almost certainly. If it was an aneurysm.”
“If?”
“Theoretically,” said Change, “it could have been a stress tear. But I’d consider that highly unlikely, and I’d have to say so on the stand.”
“Still,” said Dorothy, “it’s not impossible, right? And couldn’t a stress tear have resulted from a bad fall onto the table after he got shot? Which would put us right back to the shooting as the main cause.”
“I don’t think a fall on the table would do it.”
“But how about if it wasn’t a preexisting condition?”
Change said, “But how would you know that unless you had prior X-rays of the region?”
Dorothy smiled. “At Boston Ferris, all athletes are required to have yearly checkups, including chest X-rays. I know that from my own baby. Since Julius was on the team going on his fourth year, that means four X-rays. This aneurysm, it would show up on a chest X-ray, right?”
Change nodded. “If it was large enough, yes.”
“And the doctor seeing this… they certainly wouldn’t have let him play with it, right?”
Again, Change nodded. “If it was big enough and if someone saw it. The artery runs behind the clavicle. The aneurysm could’ve been hidden by bone.”
“But maybe it wasn’t. And they let him play. And he played for four years with no problem.”
Change shrugged.
“I think Dorothy’s onto something,” McCain joined in. “It’s worth taking a look at the X-rays. ”Cause if it didn’t show up, maybe it was hidden by bone, sure. But maybe it just wasn’t ever there in the first place. Meaning that maybe falling on the table caused the artery to burst, Doc.“
“Detective, arteries don’t just explode.”
“But you can’t tell me what did happen at a hundred percent certainty, right?”
“I can tell you that a bullet hole didn’t cause the artery to burst,” Change said. “There was no puncture wound from any external cause. Nor were there any bone fragments that could have pushed through. Ergo, the cause has to be idiopathic-something internal, unique to Mr. Van Beest.”
“See, Doc,” McCain said, “I’m thinking that if no one saw anything on all the chest X-rays that Julius took for four years, this aneurysm musta been pretty tiny. Then maybe we can make a solid case for his heart going haywire during the shooting.”
Dorothy said, “I still like the fall on the table. His blood pressure, like you said, nosedived and his heart stopped.”
“Exactly,” McCain said.
Dorothy moved closer to Change’s desk. “He was a goner even before the paramedics got to him.”
Change listened to their routine and smiled faintly. “I couldn’t state any of that as definitive, Detectives.”
“But you couldn’t state that it didn’t happen that way,” said Dorothy. “And with nothing showing up on any X-ray…”
“First you’ve got to get the DA to buy it.”
“You take care of the medical angle,” McCain said. “We’ll worry about the DA.”
“I can’t promise I’ll be able to say what you want.”
“Doc, you do your job and we’ll do ours. I’m sick of letting these thugs get away with a slap on the wrist!”
“Attempted murder isn’t a slap on the wrist,” Change said.
“If we charge premeditated and it’s pled down to attempted murder, I’ll be okay with it,” McCain said. “Otherwise you know what we got? We got attempted murder that’ll be pled down to a misdemeanor discharging a firearm in a public place and inciting panic. Which carries jail time but not what this bastard deserves.”