Gun Found Away From Shooting: Can Police Be Liable?

When police recover a firearm some distance from a person they shot, the weapon’s location can raise important questions about timing, the officer’s perception of danger, and whether deadly force was justified. But distance alone does not determine liability.

What happens when a police officer says someone had a gun, but investigators recover the weapon dozens of feet away from where that person fell?

Does the firearm’s location prove that the person was unarmed when the officer fired? Can DNA evidence establish when someone last held a weapon? And what happens when body-camera footage does not clearly resolve the dispute?

These questions can play an important role in investigations into police excessive force and in civil rights lawsuits.

They are also central to the fatal October 3, 2026, shooting of 18-year-old Zadarious Dorsey in Newnan, Georgia.

The Georgia Bureau of Investigation (GBI) reports that a Newnan police officer shot Dorsey during a foot pursuit after seeing him pull a gun from his waistband.

Attorneys representing Dorsey’s family dispute the officer’s account, arguing that he was unarmed when the shooting occurred.

Investigators subsequently recovered a handgun approximately 42 feet from where Dorsey fell. Forensic testing identified Dorsey’s DNA on the firearm, but the publicly available findings have not established exactly when the gun left his possession.

On November 6, attorneys for Dorsey’s family announced plans to pursue a $75 million wrongful death lawsuit.

The dispute highlights an important distinction in police shooting cases: Evidence that someone possessed a firearm is not necessarily evidence that they posed an immediate threat when an officer used deadly force.

Understanding that difference requires examining physical evidence, forensic findings, video recordings, and constitutional law together.

Why Does the Location of a Gun Matter After a Police Shooting?

The location of a firearm can provide investigators with valuable information about what happened before, during, and after a shooting.

When an officer claims someone was holding or reaching for a weapon, investigators may examine where the gun was recovered and whether its location is consistent with that account.

For example, a firearm found near someone’s hand might suggest a different sequence of events than a weapon recovered some distance away.

However, neither finding automatically establishes what occurred.

A person may drop a firearm, throw it while running, release it during a fall, or move after being shot.

The weapon itself may move after leaving the person’s hand.

Consequently, investigators must determine how the firearm arrived at its final location.

Questions the Recovery Location May Raise

An investigation may consider:

Where was the person when the officer began firing?
Where was the firearm at that moment?
Did the person discard the weapon before the shooting?
Could the officer see the weapon being discarded?
Did the person continue moving after being shot?
Could the weapon’s final location be explained by the person’s movement?
Was the scene documented before evidence was collected or moved?

The answers may affect whether an officer’s use of deadly force was objectively reasonable.

But the gun’s distance from the person’s body should not be treated as conclusive proof of either unlawful force or lawful self-defense.

What Happened in the Zadarious Dorsey Police Shooting?

On October 3, 2026, a Newnan Police Department officer encountered a vehicle near Dodson Street and Martin Luther King Jr. Drive in Newnan, Georgia.

According to the GBI’s preliminary investigation, the officer followed the vehicle until it stopped on Cliff Circle.

Five men exited the vehicle. Four ran, and the officer pursued Dorsey.

The GBI says the officer gave Dorsey commands to stop and deployed a Taser, which was ineffective.

The officer then reported seeing Dorsey pull a firearm from his waistband.

According to the official account, the officer ordered Dorsey to stop and drop the gun before shooting him multiple times.

Dorsey was transported to a hospital and died from his injuries.

Attorneys representing his family contend that he was not holding a firearm when the officer shot him.

That disagreement has made the firearm’s recovery location and the available video evidence particularly important.

The Gun Was Found Approximately 42 Feet Away

In an October 26, 2026, public statement, Coweta Judicial Circuit District Attorney John Herbert Cranford Jr. disclosed additional information about the recovered handgun.

The GBI located a Canik 9mm pistol equipped with an extended magazine and one round in the chamber.

The gun was recovered approximately 42 feet from where Dorsey fell.

Relative to the direction of the pursuit, investigators described its position as diagonally ahead of Dorsey, approximately toward the two o’clock position.

The district attorney’s office also reported that the firearm had been stolen from its original purchaser in Albany, Georgia, years earlier.

On October 15, the GBI completed forensic DNA testing that matched the DNA on the weapon to Dorsey.

Those details help establish a connection between Dorsey and the recovered firearm.

They do not, by themselves, establish when he last held it.

Why the Family Challenges the Officer’s Account

Dorsey’s family attorneys have argued that the distance between the handgun and his body raises questions about the officer’s description of the encounter.

They contend that Dorsey discarded the firearm before the officer fired.

They have also questioned whether the available body-camera footage shows a weapon in his hands at the critical moment.

The officer’s account differs.

He told investigators that he saw Dorsey pull a gun from his waistband and ignored commands to drop it.

Both positions must be considered against the available evidence.

The publicly released information has not conclusively resolved the timing of the firearm’s movement.

For more background, read Zadarious Dorsey Police Shooting: What We Know About the Newnan Case. (Companion Article 1; verify published URL.)

Does DNA on a Gun Prove Someone Was Armed When Police Shot Them?

Not necessarily.

DNA testing can establish a biological association between someone and an object. Depending on the quality and interpretation of the results, it may help show that a person had contact with the object or that their biological material was transferred to it.

However, DNA generally cannot provide an exact timestamp showing when the material was deposited.

A DNA match does not necessarily establish that someone was holding a firearm seconds before being shot.

What DNA Evidence Can Help Establish

Depending on the forensic findings, DNA evidence may help investigators assess whether:

Biological material associated with a person was present on the firearm.
The person may have handled or come into contact with the weapon.
The results are consistent with other evidence about possession.
Additional testing or comparison is needed.

Interpretation may depend on the amount of DNA recovered, the number of contributors, where the sample was collected, and the possibility of indirect transfer.

What DNA Alone Usually Cannot Establish

A DNA match generally does not establish:

The exact time someone handled a firearm.
Whether they were holding it immediately before being shot.
Whether the gun was pointed at an officer.
Whether the person discarded it before the shooting.
Whether the officer actually saw the firearm.
Whether deadly force was constitutionally justified.

That distinction is particularly important in Dorsey’s case.

The GBI’s reported DNA match is evidence connecting him to the recovered handgun.

But it does not independently settle the family’s claim that he was unarmed at the time the officer fired.

Can Investigators Determine When a Gun Was Dropped or Thrown?

Sometimes investigators can narrow the sequence of events through a combination of video, physical measurements, witness observations, and expert analysis.

But reconstructing the movement of a firearm can be complex.

The final resting place of a gun is only one piece of the investigation.

Distance and Direction

Investigators may document the distance between the weapon and the person’s final position.

They may also measure the direction in which the weapon traveled relative to the person’s path.

A firearm located ahead of someone may suggest different possible movements than one found directly behind them.

However, direction alone cannot establish precisely when or why the firearm moved.

Speed and Momentum

A person who is running may release an object while in motion.

That object may continue moving after leaving the person’s hand.

The resulting distance can depend on multiple variables, including the person’s speed, release direction, release height, and the object’s movement after contacting the ground.

The same principles may affect objects released during a fall.

Investigators should not assume that a particular distance is physically impossible or inevitable without examining the necessary facts.

Ground Conditions

The surface on which a firearm lands may affect its subsequent movement.

A weapon striking pavement may behave differently from one falling onto grass, dirt, or an uneven surface.

Investigators may examine physical markings, impact points, and scene photographs.

When Expert Reconstruction May Be Helpful

In appropriate cases, qualified forensic reconstruction experts may evaluate whether proposed sequences are consistent with the documented evidence.

Their conclusions should be grounded in reliable methods and available measurements.

Without sufficient evidence, an expert may be unable to determine the precise moment when a firearm was released.

This uncertainty matters because a legal argument should not be presented as an established forensic conclusion simply because it supports one party’s account.

What Can Body-Camera Footage Reveal About a Disputed Weapon?

Body-worn camera footage may be among the most important evidence in a police shooting involving disputed firearm possession.

Video can help establish what happened during the seconds leading up to a shooting.

But it also has limitations.

Establishing the Timeline

Investigators may examine the recording frame by frame to identify:

When the officer began pursuing the person.
When the officer gave commands.
Whether the person reached toward a waistband or pocket.
Whether a firearm was visible.
Whether an object left the person’s hand.
When the officer began firing.
How the person’s body and other objects moved afterward.

The sequence may help establish whether the person’s actions created a significant threat at the time force was used.

What If the Gun Is Not Visible on Camera?

The absence of a clearly visible firearm does not automatically prove that no gun was present.

A body-worn camera may be mounted at chest level rather than eye level.

The officer’s arms, clothing, movements, lighting, or surrounding objects may obstruct the recording.

A camera also captures a limited field of view.

Consequently, the recording may not show everything the officer could see.

At the same time, video that contradicts an officer’s description may create important questions about the accuracy of that account.

Investigators must examine the recording in context.

Why Multiple Camera Angles Matter

Surveillance footage from nearby homes or businesses may show events from a different perspective.

When available, those recordings can be compared with body-camera footage.

For example, surveillance video may reveal when an object was discarded even if the officer’s body camera did not capture that moment clearly.

Multiple recordings may also help establish a more reliable timeline.

Investigators should account for differences between camera clocks, recording speeds, and possible gaps before assuming that separate recordings are perfectly synchronized.

How Do Ballistics and Medical Evidence Affect an Excessive Force Investigation?

Firearm location is only one category of physical evidence.

Ballistics, medical findings, and crime-scene reconstruction may help establish what occurred.

Bullet Trajectories

Investigators may examine bullet paths, recovered projectiles, cartridge casings, and impact marks.

These findings may help reconstruct aspects of the shooting, including possible positions and directions.

However, trajectory analysis has limitations and should be interpreted alongside other evidence.

Gunshot Wound Locations

An autopsy may document the location and nature of gunshot wounds.

These findings can provide information about the relationship between the firearm’s discharge and the person’s body.

But a wound’s location alone does not necessarily prove whether the person posed a threat.

A person can turn, run, fall, or change position rapidly during an encounter.

Sequence of Shots

When several shots are fired, the timing and circumstances surrounding each shot may become important.

An officer’s initial decision to fire and any subsequent shots must be evaluated in light of the circumstances relevant to those uses of force.

If the threat materially changed during the encounter, that change may matter to the reasonableness analysis.

Investigators may compare audio recordings, witness accounts, forensic findings, and other evidence to reconstruct the sequence.

Scene Documentation

Photographs, measurements, evidence markers, and collection records can help preserve the relationships among objects at a shooting scene.

Accurate documentation is particularly important when the distance between a firearm and a person becomes central to the legal dispute.

Investigators may also examine whether evidence was moved before the scene was fully documented.

Does Possessing a Gun Automatically Justify Deadly Force?

No.

The Fourth Amendment protects people against unreasonable seizures, including excessive force by police.

A person does not automatically lose those constitutional protections because they possess a firearm.

Even unlawful firearm possession does not, by itself, establish that deadly force was necessary.

The legal question concerns the threat and the circumstances confronting the officer.

In Tennessee v. Garner, 471 U.S. 1 (1985), the Supreme Court established important limits on deadly force used against fleeing suspects.

Under Graham v. Connor, 490 U.S. 386 (1989), excessive force must be evaluated under an objective reasonableness standard.

Courts examine circumstances such as the suspected offense, whether the person posed an immediate threat, and whether the person was resisting or attempting to escape.

The presence of a firearm may be highly significant, but it is not automatically decisive.

What If the Gun Was Discarded Before the Shooting?

If someone discards a weapon before an officer fires, investigators must examine whether that person continued to pose a threat.

They must also consider whether the officer reasonably perceived that the weapon had been discarded.

For example, the legal analysis may differ depending on whether an officer clearly saw someone throw a gun away or reasonably believed the person still had it.

The presence or absence of an immediate threat is central to the constitutional inquiry.

Our companion article, Can Police Use Deadly Force Against Someone Who Is Running Away?, explains the governing legal standards in greater detail. (Companion Article 2; verify published URL.)

Does the Entire Police Encounter Matter When Evaluating Deadly Force?

Yes.

The Supreme Court’s May 2025 decision in Barnes v. Felix clarified that courts evaluating excessive force must consider the totality of the relevant circumstances.

They cannot arbitrarily restrict their analysis to the final seconds before an officer uses deadly force.

That principle may be important in cases involving foot pursuits.

Investigators and courts may consider:

Why the encounter began.
What the officer knew about the person.
What happened during the pursuit.
Whether the person appeared to be in possession of a weapon.
Whether the person discarded the weapon.
What the officer could reasonably perceive.
How the encounter developed before the shooting.

The Court did not hold that an officer automatically violates the Constitution by creating a dangerous situation.

Rather, it rejected a rule excluding relevant earlier events from the analysis.

How This May Apply to the Dorsey Case

Dorsey’s family has questioned the circumstances that led to the foot pursuit.

The GBI reported that the officer followed a vehicle, approached it after it stopped, and pursued Dorsey when he ran.

The district attorney’s office has disclosed that the officer was familiar with Dorsey from previous encounters.

Those facts may be relevant to evaluating what the officer knew and how the incident developed.

However, the legality of the initial attempted detention and the constitutionality of the subsequent shooting are separate legal questions.

Evidence of an unlawful stop does not automatically establish excessive force.

Likewise, a lawful attempt to detain someone does not automatically justify deadly force.

Each claim requires analysis under the applicable legal standard.

Can a Police Officer Be Liable for Shooting Someone Who Had Discarded a Gun?

Potentially.

If the evidence establishes that an officer used deadly force when a reasonable officer would not have perceived a threat sufficient to justify it, the shooting may violate the Fourth Amendment.

An injured person or appropriate estate representative may be able to bring a civil rights claim under 42 U.S.C. § 1983.

Such a claim may allege that an officer, acting under color of state law, violated constitutional protections.

What Would a Civil Rights Claim Need to Establish?

The specific legal requirements depend on the claim and the defendants.

In an excessive force case, the central issues often include:

Constitutional violation: Did the officer use force that was objectively unreasonable under the circumstances?

Causation: Did the challenged use of force cause the alleged injury or death?

Evidence: Do recordings, physical evidence, witness testimony, and other records support the claim?

Available defendants and defenses: Can the claim proceed against the individual officer or another legally responsible party?

Qualified immunity may be raised as a defense to certain federal civil rights damages claims against individual officers.

Municipal liability involves additional requirements and generally cannot be established merely because a city employed the officer.

Can the Police Department Be Sued?

Whether a police department itself is a legally suable entity depends on state law.

A claim against a city or county under § 1983 ordinarily requires proof that an official policy, custom, or qualifying decision caused the alleged constitutional violation.

An isolated officer’s actions do not automatically create federal municipal liability.

An attorney must determine the appropriate defendants based on the facts and governing law.

What Is the Difference Between Criminal and Civil Liability?

A police shooting may be reviewed through two separate legal processes.

Criminal Investigation

A criminal investigation determines whether an officer’s actions violated criminal law.

The prosecutor must decide whether there is sufficient evidence to pursue criminal charges.

A conviction generally requires proof beyond a reasonable doubt.

In the Dorsey investigation, the Coweta Judicial Circuit District Attorney’s Office has explained that its criminal review concerns whether the officer’s use of deadly force violated Georgia law.

Civil Rights and Wrongful Death Claims

A civil case may determine whether the use of force violated constitutional or other legal rights and whether compensation or another remedy is available.

Civil claims generally involve different burdens of proof.

They may proceed even when prosecutors decline to bring criminal charges.

Conversely, the existence of a criminal investigation does not establish that a civil rights violation occurred.

In Georgia, a fatal shooting may also raise questions about state wrongful death and estate claims, subject to the applicable legal requirements and defenses.

Families seeking legal options can review Ben Crump Law’s resources for civil rights and wrongful death.

What Does the Dorsey Family’s Announced $75 Million Lawsuit Mean?

On November 6, 2026, attorneys for Zadarious Dorsey’s family announced plans to file a $75 million wrongful death lawsuit.

The announcement represents the family’s stated intention to seek civil accountability following the shooting.

It does not establish that the officer or another defendant violated the law.

Nor does the announced dollar amount represent an award, settlement, or finding about the value of a proven claim.

Any eventual lawsuit would have to identify legally viable claims, appropriate defendants, and evidence supporting liability and damages.

The dispute over the handgun’s location could become an important part of that process.

Attorneys may seek to establish the firearm’s movement, determine what the officer observed, and examine whether the force used was constitutionally justified.

The legal significance of those findings will depend on the full evidentiary record.

How Can a Civil Rights Lawyer Investigate Disputed Firearm Evidence?

Families often lack immediate access to all the evidence surrounding a fatal police shooting.

A civil rights attorney may help obtain and analyze relevant records through appropriate legal procedures.

Preserving Video and Electronic Records

An attorney may request preservation of body-camera footage, surveillance recordings, dispatch communications, and other electronically stored evidence.

Preservation may be especially important when records are subject to routine retention or deletion policies.

Reviewing Physical Evidence

Counsel may examine available forensic reports, evidence photographs, collection records, and documentation regarding the firearm.

Where permitted and appropriate, independent experts may evaluate physical evidence or the methods used to analyze it.

Reconstructing the Shooting

Qualified specialists may assist with scene reconstruction, video timing, trajectory analysis, and other technical issues.

A reconstruction should account for uncertainty and avoid conclusions unsupported by reliable data.

Evaluating Constitutional Claims

An attorney can analyze whether the available facts support an excessive force claim under the Fourth Amendment.

That process may involve comparing the officer’s reported account with the physical evidence and applying relevant court decisions.

Identifying Potential Liability

Legal counsel can determine whether claims may exist against individual officers or governmental entities.

That assessment must account for the applicable legal standards, immunity doctrines, procedural requirements, and filing deadlines.

Ben Crump Law represents individuals and families in matters involving alleged civil rights violations, including excessive force and police misconduct.

What Compensation May Be Available in an Excessive Force Lawsuit?

If a civil rights or related wrongful death claim is successful, potential damages depend on the facts, the nature of the claim, and applicable federal or state law.

Recoverable losses may include medical expenses, certain lost earnings or support, pain and suffering where legally permitted, and other recognized damages.

In fatal cases, the appropriate representatives may seek damages available under wrongful death or estate-related claims.

Punitive damages may be available against eligible individual defendants under certain circumstances, but they generally are not recoverable against municipalities under § 1983.

The precise categories and amounts depend on the applicable law.

The fact that a family announces a specific amount it intends to seek does not mean that amount will be recovered.

A qualified attorney can evaluate the available claims, evidentiary requirements, and potential remedies.

Frequently Asked Questions About Gun Evidence in Police Shootings

Does a gun found far from someone’s body prove they were unarmed when police fired?

No. The location may raise important questions, but it does not conclusively establish when the gun left the person’s possession. Investigators must examine the timeline, video, physical evidence, and other circumstances.

Can police shoot someone after they drop a weapon?

Deadly force may violate the Fourth Amendment if the person no longer poses a sufficient threat and the officer’s use of force is objectively unreasonable. The analysis depends on what happened and what a reasonable officer could perceive.

Does DNA on a firearm prove someone was holding it during a shooting?

No. DNA may help establish a biological connection to the firearm, but it generally cannot determine exactly when the person last handled it.

Can body-camera footage prove whether a gun was present?

It may provide important evidence, but video can have blind spots, obstructed views, or other limitations. Investigators should compare it with the complete evidentiary record.

Why are bullet trajectories important in police shooting cases?

Trajectory evidence may help reconstruct positions and movements during a shooting. It must be interpreted with medical findings, scene documentation, and other evidence.

Can a family file a civil rights lawsuit even if an officer is not criminally charged?

Potentially, yes. Civil rights litigation and criminal prosecution are separate processes with different legal requirements and burdens of proof.

What does the 42-foot gun location mean in the Zadarious Dorsey case?

The distance and direction are documented investigative facts. The family argues that the location supports its position that Dorsey discarded the weapon before being shot. The public record has not conclusively established when the gun left his possession.

Who is investigating the Zadarious Dorsey shooting?

The Georgia Bureau of Investigation is conducting an independent investigation, with its findings expected to be reviewed by the Coweta Judicial Circuit District Attorney’s Office.

Has the Dorsey family’s $75 million wrongful death lawsuit been decided?

No. On November 6, 2026, attorneys announced plans to pursue a $75 million lawsuit. That announcement is not a finding of liability, settlement, or court judgment.

Why Evidence Matters in Police Shooting Accountability

When police use deadly force, the details surrounding the encounter can determine whether the officer’s actions were constitutionally reasonable.

A firearm recovered at a shooting scene may be important evidence.

Its location, the presence of DNA, and the surrounding circumstances may help investigators understand what happened.

But no single fact should replace a complete investigation.

Evidence of firearm possession does not automatically establish a deadly threat.

Likewise, a weapon recovered some distance away does not automatically establish that a shooting was unlawful.

The fatal shooting of Zadarious Dorsey illustrates why careful analysis matters.

His family’s attorneys question whether he posed an immediate threat when the officer fired. Investigators have disclosed evidence connecting him to a handgun recovered approximately 42 feet away.

Determining the legal significance of those facts requires a thorough examination of the available video, forensic findings, witness accounts, and constitutional standards.

For families seeking answers after a fatal police shooting, an independent legal investigation can help establish whether the evidence supports a claim for accountability.

Ben Crump Law advocates for individuals and families whose civil rights may have been violated by police misconduct or excessive force.

If you believe a loved one was seriously injured or killed through an unlawful use of force, contact Ben Crump Law or call 800-959-1444 for a free consultation.