Shooter's DNA not found on phone in theater shooting case - FOX 13 News

Shooter's DNA not found on phone in theater shooting case

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WESLEY CHAPEL (FOX 13) -

More evidence is being released in the Wesley Chapel movie theater shooting.

Just before Chad Oulson was shot and killed by retired cop Curtis Reeves, theater surveillance video showed a flash. The defense says it's Oulson's cell phone being thrown at Reeves.

In an interview with police shortly after the shooting, Reeves said it knocked the glasses off his face.

But new crime lab results show Reeves' DNA was not found on the cell phone.

Reeves' attorney, Rick Oscobar, says he's not surprised but was hoping there would be DNA of his client on that cell phone to help bolster his argument.

Legal analyst Jeff brown says even if Reeves was hit by cell phone, he wouldn't expect his DNA on it.

"I would expect not to find it unless somebody grabbed it or held it in their hand," he told FOX 13.

Brown says this case will come down to the surveillance video and whether or not it shows Oulson being the aggressor.

"That video is going to have to show the defendant with the victim right on top of him, almost ready to strangle him," Brown continued. "Because that's what a juror is going to say -- 'Well, if I was in his place, that would reasonable for me to think I'm going to get beat up and i can defend myself with a gun.'"

Reeves has been in jail since the shooting in January. In his decision, Judge Pat Siracusa said Reeves is not a flight risk, nor a danger to the community, yet denied bond anyway.

Brown believes that decision will be overturned on appeal.

"If I'm a judge and I find this person is not a flight risk and not a danger to the community, then why not set a bond?" Brown wondered.

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