ALBUQUERQUE (KRQE) - The prosecution has rested in the Levi Chavez murder trial.
Now the defense will try to make its case and disprove claims the former APD officer killed his wife and staged it to look like a suicide.
The prosecution wrapped things up shortly after focusing on the gun that was used to kill Levi's wife Tera Chavez.
Attorneys argued over claims that the state in which the gun was found, proves Tera could not have killed herself.
This APD issued semi-automatic glock handgun was in the spotlight at the trial against former cop Chavez.
The defense has argued Tera, depressed over her crumbling marriage to Levi, shot herself with it inside the couple's Los Lunas home in 2007.
However, prosecutors say there is a big hole in that argument.
When lead Valencia County Detective Aaron Jones found that gun, he says there was a bullet in the chamber and the gun's magazine was loose.
The prosecution's firearm expert Mark Radosevich says that magazine doesn't release accidentally.
"It requires a very precise, very definitive movement," Radosevich said.
Because of Tera's near instantaneous death, Radosevich says she simply couldn't have released it, meaning someone else had to.
Chavez's attorney pointed out that Radosevich could not tell from photos alone whether the magazine was unseated or not and pointed out the butt of the gun sticks out when its fully loaded.
Even so, the expert says when you combine photos and what Jones told him, there's only one conclusion.
"In considering everything I don't believe the magazine was seated at the time this weapon was recovered," Radosevich said.
A lot of the firearms expert's opinion comes from Jones' account of how he found the gun.
The defense has already gone after Jones' credibility, calling him a "dirty dishonest cop."
They plan on calling a firearm expert of their own to dispute the prosecution's claims.
After the state rested its case, the defense made another bid to toss the case out and get Chavez acquitted.
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