McCauley said gunshot residue was later detected on Averill s pajama pants and shirt. The evidence would suggest that the defendant, at the time, had wantonly and recklessly possessed the firearm, causing it to discharge, McCauley said. It was unsecured when the police arrived. He indicated that, in fact, he believed it had been unloaded. The second firearm found in the back closet was actually loaded as well, and both unsecured.
Davidson worked for Averill at Averill Electric Co. Inc., an Easton company he owns.
She had gone to lunch with Averill that day and both returned to his apartment after drinking. Both were extremely intoxicated and the shooting occurred later that day, McCauley said.