Has it ever occurred to you that it may have been a grazing shot? I don't know, but I'm just saying.
You cannot argue the physics - the 40 S&W is a fine round. Capacity very nearly that of 9mm with more bullet cross section, and they can be loaded plenty hot. Anyone claiming the 40 S&W is an inferior round just isn't looking at it objectively.
I like Remington Golden Sabers myself.
Arm yourself, arm a friend!