Az Medical Examiner Clears Emergency Delays in IRS Agent’s Death Investigation

A federal trial involving a Special Agent accused of involuntary manslaughter is raising critical questions about safety protocols within the Internal Revenue Service (IRS). Larry Brown stands trial in Phoenix for the accidental shooting death of his colleague, Patrick Bauer, during a firearms training exercise on August 17, 2023.

At the center of the trial is the assertion that Bauer’s death was not solely the result of the gunshot wound but was exacerbated by delayed medical response. Brown’s defense maintained that systemic failures in the IRS emergency procedures contributed significantly to Bauer’s fate. However, this argument faced significant blowback during Thursday’s session.

Kevin Horn, the Maricopa County medical examiner who performed Bauer’s autopsy, testified that Bauer had little to no chance of survival, regardless of the response timeliness. “Even with immediate expert medical care, the chances are very high that he would have died regardless,” Horn informed the jury, although this statement was challenged by the defense.

Bauer was shot after Brown’s Glock 19 accidentally discharged during a firearm exercise at a federally operated range. Eyewitnesses reported hearing Brown exclaim, “I fucked up. I shot Pat,” immediately after the shooting. Unfortunately, the emergency response that followed was marred by significant delays. Confusion over the shooting range’s location led emergency medical technicians to respond to the wrong site.

As nearly an hour elapsed before Bauer received hospital care, Brown’s legal team contends that rapid transport could have altered the outcome. They argue that Bauer would likely have survived with swifter medical attention.

Investigators confirmed that the bullet that struck Bauer matched the weapon used by Brown. Although Brown does not dispute that the weapon was his, his defense posits that the gun misfired without his intent. FBI firearms examiner Doug Halepaska refuted this, stating that the weapon could only discharge by pulling the trigger.

Halepaska noted a significant aspect of the investigation: he did not disassemble the gun to check for internal issues nor perform a drop test, even when the FBI requested it. “So you don’t know if it fires when dropped?” defense attorney Jason Lamm inquired. Halepaska replied, “That is correct,” highlighting potential gaps in the evidence.

As the trial progressed, the prosecution rested its case, with Brown seeking acquittal based on insufficient evidence, a motion that Judge Steven Logan denied. The defense called on Phoenix firefighter William McGonagall to testify about the emergency response. McGonagall indicated he had suggested a helicopter for faster transport but acknowledged that an ambulance usually provides the quickest ground transport.

Anticipation builds as testimonies are expected to conclude early next week, shedding further light on the tragic circumstances surrounding Bauer’s death.