it looks like it was a different gun, which might make everything circumstantial. a regular person might be able to be railroaded (no guarantees) but he's going to have the best defense money can by and a most likely a jury that doesn't care too greatly about the victim so if they don't have a smoking gun (*buh-dum-tiss*) there's a good chance he can get the case dropped or even walk with double jeopardy.
United States