Quote:
Originally Posted by OMG!WTF!
I think there would have to be an element of carelessness demonstrated when using the gun in order to get a manslaughter conviction. It's not illegal to use a gun in this case, to fire warning shots or to point it at the people who are threatening you. None of that is illegal in this case. In reality, the facts support the theory that he was responsibly using the gun. He only loaded three bullets. He fired two warning shots and attempted to fire a third. He didn't pursue anyone even after one of them punched his wife. So were his actions careless? The answer comes down to do you believe he pulled the trigger several times to clear the weapon and did the weapon malfunction?
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Are you saying it isn't unlawful to point a gun at someone? You aren't responsibly using a firearm if you point it at someone. You may be defending yourself but it isn't responsible use of a firearm. Him being threatened has absolutely no bearing on the outcome becuase this isn't a self defense case.
My understanding of Manslaughter is it can be an accidental death while committing an unlawful act or negligence causing death. You do not need negligence to be convicted of Manslaughter.
In order to acquit I think you need to believe that the gun was pointed at Bushie accidently and it went off accidentally.