MEMORANDUM & ORDER Defendant Alonzo Shipp moves to exclude testimony from the Government’s proposed ballistics expert, Detective Sean Ring. (See Mot. to Exclude (Dkt. 33); Mem. in Supp. of Mot. to Exclude (“Mem.”)(Dkt. 33-2).) In the alternative, Mr. Shipp requests that the court limit the expert testimony. (Mem. at 15-16). For the following reasons, the court DENIES Defendant’s motion to exclude, but GRANTS his request to limit Detective Ring’s testimony. The parties agree that no court has entirely excluded expert testimony on firearms toolmark analysis, although courts frequently do place limitations on the level of certainty the expert may profess. To overcome this case law, Mr. Shipp relies primarily on a recent report from the President’s Council of Advisors on Science and Technology (“PCAST”), which reviewed the available research on firearms toolmark analysis and found that the method lacks foundational scientific validity. The court has carefully considered the PCAST Report, the earlier National Research Council (“NRC”) Report, other applicable scientific literature, and relevant case law, and has determined that Detective Ring may testify as an expert in the field of firearms toolmark analysis. However, because the PCAST Report’s findings cast considerable doubt on the reliability of the theory behind matching pieces of ballistics evidence, Detective Ring will be permitted to testify only that the toolmarks on the recovered bullet fragment and shell casing are consistent with having been fired from the recovered firearm. In other words, Detective Ring may testify that the recovered firearm cannot be excluded as the source of the recovered bullet fragment and shell casing, but not that the recovered firearm is, in fact, the source of the recovered fragment and shell casing. Additionally, Detective Ring may testify based on his knowledge, training, and experience about his method for analyzing and test firing the recovered firearm, the procedure for comparing the test fires to the recovered bullet fragment and shell casing, and the similarities he observed between the recovered ballistics evidence and the test fires from the recovered firearm. I. BACKGROUND A. Facts1 1. Alleged Shooting On or about July 20, 2018, an unnamed individual, referred to herein as John Doe, was shot in the vicinity of 117-26 147th Street in Queens, New York. (Compl. (Dkt. 1) 2.) Doe then ran south down 147th Street and east on 119th Avenue to the corner of 119th Avenue and Sutphin Boulevard, where he collapsed. (Id.) The NYPD later recovered a shell casing around 117-26 147th Street. (Id.) Video footage then shows the gunman approaching Doe, taking an item out of his pants or waistband, standing over Doe, pointing an object at him, and then walking away. (Id.
