And was that before or after Fritz picked up the shells and then threw them back down?
According to Tom Alyea it was Studebaker who threw the shell casings back down.
Deputy Sheriff Luke Mooney, who was guarding the Sniper's Nest area until Fritz arrived, saw Fritz pick the shell casings up and examine them but didn't report what Fritz next did with them:
"Mr. Ball: Those were empty shells?
Mr. Mooney: Yes, sir.
Mr. Ball: They were turned over to Captain Fritz?
Mr. Mooney:
Yes, sir; he was the first officer that picked them up, as far as I know, because I stood there and watched him go over and pick them up and look at them. As far as I could tell, I couldn't even tell what caliber they were, because I didn't get down that close to them. They were brass cartridges, brass shells."
Alyea also watches Fritz pick the shell casings up and reports actually filming them in his hand, but, because Fritz is stood inside the SN at the time he doesn't see what Fritz then does with them. However, Alyea reports:
"Over thirty minutes later, after the rifle was discovered and the crime lab arrived, Capt. Fritz reached into his pocket and handed the casings to Det. Studebaker..."It would appear the shell casings were in Fritz's possession for at least half an hour. Deputy Sheriff jack Faulkner must have seen Fritz with the shell casings as he reports later that day:
"Capt. Will Fritz of DPD arrived on the scene and the shells were given to him."This fundamental abuse of the evidence continues as Fritz pockets the live round that is ejected from the rifle.