According to the ME, the bullet didn't go in his head, it deflected off the side of his skull.
According to the DA, the ME told him (or wrote in the report) that _half_ the bullet fractured, and that a part of the bullet entered the head. Now the question becomes, did it penetrate the skull, or just the skin? I am waiting for the local media to make _all_ the court paperwork available in pdf type files. I would like to read what kind of rounds were used in the Judge.