locate the weapon and render it safe and remove the am nigs for a silver revolver. according to a criminal complaint, the analysis reveals only stockily's dna was on the gun, he said belonged to smith. officer jason stockily is relieved of his duties and charged with first-degree murder. >> we all knew what it was when it happened. there couldn't have been any doubt about it. i knew that it was murder from the beginning. >> reporter: stockily's murder trial started last month. the key question, whether or not the mottrist smith had a gone at the time of the shooting. prosecutors argued the x officer may have planted the resolver in the car to justify the shooting, even though multiple cameras captured the incident, the gun was never seen. still in his not guilty ruling, judge timothy says the gun would have been too large for stockily to hide and then planked.