Ok, dude. What the fuuck ever. You'd argue with a june bug if it would argue back, wouldn't you?
We have an expert saying that according to the evidence, the shot was at an upward angle, consistent with the defendants account that he was on the bottom when the trigger was pulled. To contradict that, we have you, who says "well that's not proof."
Just don't become a prosecutor dude, really. There are some things that you must admit have been proven, and this is one of them.