A ballistics report drafted by the New Orleans Police Department proves that Trung Le did not fire the bullet that killed Brittany Thomas in the June 29 Bourbon Street mass shooting, according to Le’s attorney, Martin Regan.

The report, provided to Regan on Wednesday by Assistant District Attorney Laura Rodrigue, contains four pages of scientific analysis of the shell casings and bullet fragments collected by police from the scene of shooting.

Its most significant finding may be that the bullet that killed Thomas was “consistent with .40-caliber class ammunition” and not the 9 mm gun that Regan said Trung Le fired in the shootout.

The report does not reference Trung Le by name, but Regan said that after reviewing the surveillance video and creating a diagram of the shooting, he’s positive Le fired the 9mm.

“My client was even running the same direction as the woman who was shot,” Regan said Wednesday, referring to Thomas. “The bullet was coming from his back.”

Regan’s version of events appears to be supported by an annotated surveillance video turned over to him by prosecutors last week. In it, a man in a red shirt is seen firing a gun and then dashing down Bourbon Street in an apparent attempt to evade a spray of bullets from another gunman.

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