There are people who will read this article who will maintain that the early works of Dr. Martin Fackler were written in stone when in fact he provided a significant amount of quality wound ballistics data but kept an open mind, understanding the limitations of simulants such as ballistic gel. This is best represented in an editorial he wrote about an article published in the Journal of the International Wound Ballistics Association, Winter volume 1991;10-13, by E.J. Wolberg.
The article in question was an autopsy study by a medical examiner on "torso only" shots with a retained bullet, noting that patients were excluded if bone was hit or there was over penetration. This data was compared to gelatin data for the 9mm 147-grain Winchester jacketed hollow-point. Gel demonstrated a 12- to 14-inch depth of penetration, and the autopsy findings (with the bullet only passing through soft tissue) of a 10- to 17-inch penetration. The author's conclusion: "Based on comparison of data from living tissue penetration by the 9mm 147-grain bullet with test shots of the same bullet into gelatin, it is concluded that gelatin can be a useful predictor of this bullet's penetration and expansion characteristics in shots in the human torso."
Dr. Fackler's editorial comment to this statement and study: "What Gene Wolberg has done here is what every clear thinking LE agency should be doing. Skepticism and meaningful comparison are the essence of common sense and all scientific thought….Don't believe that your tissue simulant is a good predictor just because some army lab or the FBI uses it and says so—check it out for yourself."
The obvious flaws in this study related to a gel-to-autopsy comparison was that if a bullet hit bone, it would invalidate the gel comparison; gel is a soft tissue simulant only. Also excluded were the outcomes of all victims; did they live, die immediately, or die later?
So when the FBI decided to change from the .40 to 9mm, it was likely done with significant testing, evaluation, consideration of actual wounds with degrees of injury sustained, degree of training needed to maintain accuracy of shot placement, as well as many other factors not yet available to the public.