Tague's account was fully supported by a second witness deposed by Liebeler that day, Deputy Sheriff Eddy Walthers, one of the officers who inspected the curb just after the shooting. Walthers noted that he had been in the sheriff's office for nine years and testified: "It was a fresh ricochet mark. I have seen them and I noticed it for the next two or three days as it got grayer and grayer and grayer as it aged." That aging process, of course, would do nothing to fill the obvious indentation that can be seen in the original photographs of the bullet mark.
Well, it sounds like Deputy Sheriff Walthers was as big an expert on bullet strikes on concrete as any who looked at the curb. Although not, so far as I know, an expert on tire rim strikes on curbs.
But he didn’t mention any missing chips from the curb. Just as the photographs do not show any missing chip, or any large enough to be visible, Deputy Sheriff Walters did not observe this either. So the best witness saw no chip missing from the curb. Only a mark.
His opinion seems to have been based on the freshness of the mark. He knows from experience that they become noticeably grayer and grayer after two or three days.
Well, we know that thousands of cars drove by that curb every day. Most of them did not strike a curb, but most bullets, would not strike a curb either. And there were not thousands of bullets fired.
None of this is strong evidence that the tire rim strike hypothesis is wrong and the bullet strike hypothesis is correct.