Brocius waived a preliminary hearing so that his case could be transferred to Tucson District Court, and Virgil and Wyatt escorted him to Tucson to stand trial—possibly saving him from a lynching. White, age 31, died of his wound two days after his shooting. On December 27, 1880, Earp testified that White's shooting was accidental. Brocius expressed regret, saying that he had not intended to shoot White. Gunsmith Jacob Gruber testified that Brocius's single-action revolver was defective, allowing it to be discharged at half-cock. A statement was introduced which White had made, stating that the shooting was accidental. The judge ruled that the shooting was accidental and released Brocius. Brocius, however, remained intensely angry about how Earp had pistol-whipped him, and he became an enemy to the Earps.