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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But those are not uncontested facts. They're what the defense said happened, but there's no real evidence of that beyond Stanley's testimony. It's not like he dropped the gun right after the shot and it was found empty without a clip in it. By the time the police got there Stanley had taken the gun, put it in a storage case, and put the case in a closet in his house.