LogFAQs > #893866484

not__shawn__z posted...

Wow. Lol. The fact that he shot a deadly weapon, "not realizing" it was a deadly weapon, resulting in the death of someone is the exact criteria of negligence and recklessness

You are talking to someone who does law for a living. Just so you
are aware

This is akin to saying picking up a bag that has a motion sensor bomb which then goes off is reckless. People often pick up objects they're unsure of to inspect them. There's nothing reckless about it. It's clear you don't do any law as you were even unaware of the definition of manslaughter. Unless you are to tell me you're a lawyer that knows no laws.

But this is irrevelant to my main points anyway. My point is:

1. Accidental killing is not always manslaughter
and
2. The defense argued that the defendent was completely unaware he had picked up the dangerous object and that it fired as he was handling it to see what it was. In other words, they argued that it was not even manslaughter.

I am not even arguing whether that was the case or not, but what his defense argued.
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David Mink. Hero.
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