BLACK RIVER FALLS, Wis. — A ballistics expert told jurors Tuesday that there was no physical evidence to support the prosecution's assertion that a handgun misfired when an off-duty police chief allegedly attempted to shoot a man he mistook for a criminal.

Matthew Hoskins, 35, is accused of attempted murder and two counts of reckless endangerment for a Sept. 27, 2003, incident in which he misinterpreted a neighbor's effort to scare away teenage pranksters.

Prosecutors claim Hoskins tried to shoot John Ellingson after a brief struggle in the street. Defense attorney John Matousek, however, told jurors that though his client may have pointed a gun at Ellingson, he never actually pulled the trigger.

Wisconsin state forensic examiner William Newhouse testified Tuesday that there was no physical evidence that the gun "dry-fired," or failed to shoot, while it was pointed at Ellingson's chest.

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Ellingson and his teenage children had rigged their yard with tripwires and noisemakers to catch high school students attempting to toilet-paper their house during homecoming week. Hoskins mistook the incident as a crime in progress.

Matthew Hoskins faces up to 95 years in prison if convicted.

Ellingson's daughter, Melissa, also testified Tuesday and told jurors that Hoskins was acting like a "lunatic" when he grabbed her by the head.

Melissa Ellingson, now 18, and four other teenage witnesses testified about the events surrounding the misunderstanding.

Ellingson said her father's antics, which included roaring like a bear and jumping in a fleeing teenager's car, bothered her that night.

"I just said, 'Oh, Dad,' because I was really embarrassed," Melissa said. "[He was] really dorky."

But embarrassment turned to fear when Hoskins confronted them with a gun and told them to "get on the f---ing ground," Melissa testified.

"He was acting like a lunatic. He came out of the blue. It was dark. He was jumping around," she said. "He ran at me and threw me on the ground, violently."

On Wednesday morning, the prosecution's final witness, County Sheriff's deputy Michael Ring, testified about responding to the scene of the incident after receiving a 911 call. Deputy Ring said Hoskins appeared disturbed.

"It definitely wasn't normal behavior. He was very agitated," Ring said. "His eyes were bloodshot and watery. I didn't know for sure if he was drinking but I thought he might have been."

Ring acknowledged that he never knew shots were fired during the incident and was disciplined for not conducting a thorough investigation.

He also told jurors about a post-fight conversation between Hoskins and Ellingson that he witnessed.

"Mr. Hoskins said 'I could have killed you, if I wanted to," he testified. "Mr. Ellingson said, 'I believe you.'"

Prosecutors rested their case Wednesday morning after Ring's testimony.

Hoskins told Judge John Damon that he will testify on his own behalf.

If convicted on all counts, Hoskins could face up to 95 years in prison.

The trial, which is expected to last through Friday, is being streamed live on the Web by Court TV Extra.