Negligent Discharge and Tex McIver

[PegLeg45]

Sounds like a nightmare for a jury.

[alfsauve]

After 5 days of deliberation, they found ol' Tex GUILTY.

There's evidently, in GA, a level of murder between premeditated and manslaughter.   That's what they found him guilt of.  It's called Felony Murder.   

When, in the commission of a felony, he causes the death of another human being irrespective of malice.   

For reference:  Voluntary manslaughter

..occurs when a person intentionally kills another person "in the heat of passion." Ordinarily this would be considered murder, but because the killing is committed in response to a provocation, the criminal charges are reduced from murder to voluntary manslaughter.

And Involuntary Manslaughter

Involuntary manslaughter is when a person kills someone doing something legal in an illegal way. It's a death that results due to an act of recklessness or criminal negligence. It often occurs when a person commits a misdemeanor or low-level felony such as a driving under the influence (DUI) offense.

Tex wasn't in the commission of another felony, so I don't think Felony Murder was the right charge.   FM is when you kill the bank teller while robbing the bank.

Voluntary Manslaughter also doesn't appear to be the correct charge since there was no "in the heat of passsion."

I think it's plain and simple, Involuntary Manslaughter if not just plain negligence.

I also don't understand this way of charging people.   Throw all the various charges at the jury and see which one sticks.   I think the DA should pick the appropriate charge and prove it, not give the jury the option of picking.

From the jury interviews it appears what swayed them all was, "Guns Don't Go Off By Themselves."

I believe Tex's defense attorney did a bad job of explaining how, in single action mode, a startled reflex can easily make it fire.  And, I think obviously, the Defense didn't insure the jury knew the differences between the various charges.

The motive still wasn't entirely firm.   No marital problems, though 5 years ago they were disagreeing on how much her God son should get from "their" estate when "they" passed on.    Yes his farm owed her ~$750k, but she was half owner of the farm. 

Now more fun begins.   GA has a Slayer Statue, which says a killer can't profit/inherit from the victim.  He's basically broke with huge legal fees.   The state appointed guardian over her estate is taking her time and says it's not cut and dried about how Common Property affects the Slayer Statue.  Plus he's appealing the verdict, of course.

[les snyder]

Alf...I sat on a first degree murder case many years ago, and I was appalled at the lack of knowledge attorneys have about firearms...in my case a drunken confrontation (both had better than .20 blood alcohol) between husband and brother in law resulted in a death by 12 ga shooting OO buck shot... both men had been hunting in the Green Swamp area, and when the Fla Dept of Law Enforcement "expert" testified on the shooting, he was questioned about the use of "buck" shot... and his comment was that hunters did NOT use buck shot to hunt deer, and used slugs, the testimony was never questioned by the defense attorney...

I have several friends that are attorneys, and have volunteered to present a seminar to their local association, but have never been asked...

[Big Frank]

In some states, like mine, they would most likely have added a charge for using a firearm in the commission of a felony.

[alfsauve]

Actually they did that too.   Also 1 charge of witness tampering, though 2 other charges had been dropped by the judge when the prosecution rested.

[Sponsor]

[Big Frank]

Actually they did that too.   Also 1 charge of witness tampering, though 2 other charges had been dropped by the judge when the prosecution rested.

IIRC that's 2 years to be served concurrently with another sentence rather than consecutively, if it's the same everywhere. If you're doing over 2 years time it doesn't make any difference other than being another felony charge on your record.