chapter III

, if the three shots were fired within a period of from 4.8 to 5.6 seconds, the shots would have been evenly spaced and the assassin would not have incurred so sharp an angular movement.[C4-803]

Five of the six shots hit the third target where the angle of movement of the weapon was small.[C4-804] On the basis of these results, Simmons testified that in his opinion the probability of hitting the targets at the relatively short range at which they were hit was very high.[C4-805] Considering the various probabilities which may have prevailed during the actual assassination, the highest level of firing performance which would have been required of the assassin and the C2766 rifle would have been to fire three times and hit the target twice within a span of 4.8 to 5.6 seconds. In fact, one of the firers in the rapid fire test in firing his two series of three shots, hit the target twice within a span of 4.6 and 5.15 seconds. The others would have been able to reduce their times if they had been given the opportunity to become familiar with the movement of the bolt and the trigger pull.[C4-806] Simmons testified that familiarity with the bolt could be achieved in dry practice and, as has been indicated above, Oswald engaged in such practice.[C4-807] If the assassin missed either the first or third shot, he had a total of between 4.8 and 5.6 seconds between the two shots which hit and a total minimum time period of from 7.1 to 7.9 seconds for all three shots. All three of the firers in these tests were able to fire the rounds within the time period which would have been available to the assassin under those conditions.

Three FBI firearms experts tested the rifle in order to determine the speed with which it could be fired. The purpose of this experiment was not to test the rifle under conditions which prevailed at the time of the assassination but to determine the maximum speed at which it could be fired. The three FBI experts each fired three shots from the weapon at 15 yards in 6, 7, and 9 seconds, and one of these agents, Robert A. Frazier, fired two series of three shots at 25 yards in 4.6 and 4.8 seconds.[C4-808] At 15 yards each man’s shots landed within the size of a dime.[C4-809] The shots fired by Frazier at the range of 25 yards landed within an area of 2 inches and 5 inches respectively.[C4-810] Frazier later fired four groups of three shots at a distance of 100 yards in 5.9, 6.2, 5.6, and 6.5 seconds. Each series of three shots landed within areas ranging in diameter from 3 to 5 inches.[C4-811] Although all of the shots were a few inches high and to the right of the target, this was because of a defect in the scope which was recognized by the FBI agents and which they could have compensated for if they were aiming to hit a bull’s-eye.[C4-812] They were instead firing to determine how rapidly the weapon could be fired and the area within which three shots could be placed. Frazier testified that while he could not tell when the defect occurred, but that a person familiar with the weapon could compensate for it.[C4-813] Moreover, the defect was one which would have assisted the assassin aiming at a target which was moving away. Frazier said, “The fact that the crosshairs are set high would actually compensate for any lead which had to be taken. So that if you aimed with this weapon as it actually was received at the laboratory, it would not be necessary to take any lead whatsoever in order to hit the intended object. The scope would accomplish the lead for you.” Frazier added that the scope would cause a slight miss to the right. It should be noted, however, that the President’s car was curving slightly to the right when the third shot was fired.

Based on these tests the experts agreed that the assassination rifle was an accurate weapon. Simmons described it as “quite accurate,” in fact, as accurate as current military rifles.[C4-814] Frazier testified that the rifle was accurate, that it had less recoil than the average military rifle and that one would not have to be an expert marksman to have accomplished the assassination with the weapon which was used.[C4-815]

Conclusion

The various tests showed that the Mannlicher-Carcano was an accurate rifle and that the use of a four-power scope was a substantial aid to rapid, accurate firing. Oswald’s Marine training in marksmanship, his other rifle experience and his established familiarity with this

## particular weapon show that he possessed ample capability to commit

the assassination. Based on the known facts of the assassination, the Marine marksmanship experts, Major Anderson and Sergeant Zahm, concurred in the opinion that Oswald had the capability to fire three shots, with two hits, within 4.8 and 5.6 seconds.[C4-816] Concerning the shots which struck the President in the back of the neck, Sergeant Zahm testified: “With the equipment he [Oswald] had and with his ability I consider it a very easy shot.”[C4-817] Having fired this shot the assassin was then required to hit the target one more time within a space of from 4.8 to 5.6 seconds. On the basis of Oswald’s training and the accuracy of the weapon as established by the tests, the Commission concluded that Oswald was capable of accomplishing this second hit even if there was an intervening shot which missed. The probability of hitting the President a second time would have been markedly increased if, in fact, he had missed either the first or third shots thereby leaving a time span of 4.8 to 5.6 seconds between the two shots which struck their mark. The Commission agrees with the testimony of Marine marksmanship expert Zahm that it was “an easy shot” to hit some part of the President’s body, and that the range where the rifleman would be expected to hit would include the President’s head.[C4-818]

CONCLUSION

On the basis of the evidence reviewed in this chapter, the Commission has found that Lee Harvey Oswald (1) owned and possessed the rifle used to kill President Kennedy and wound Governor Connally, (2) brought this rifle into the Depository Building on the morning of the assassination, (3) was present, at the time of the assassination, at the window from which the shots were fired, (4) killed Dallas Police Officer J. D. Tippit in an apparent attempt to escape, (5) resisted arrest by drawing a fully loaded pistol and attempting to shoot another police officer, (6) lied to the police after his arrest concerning important substantive matters, (7) attempted, in April 1963, to kill Maj. Gen. Edwin A. Walker, and (8) possessed the capability with a rifle which would have enabled him to commit the assassination. On the basis of these findings the Commission has concluded that Lee Harvey Oswald was the assassin of President Kennedy.

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