Quote:
Originally posted by slayHa
Shot out of fear from being attacked self defense
Shoot out of fear for negligence thats second degree manslaughter
|
The main issue is that the officer did not shoot at the victim, nor did he know he was there, as proven by evidence stated in court. The officer is a complete idiot for being so irresponsible with a gun, and should be punished more harshly this, but cannot be legally sentenced with manslaughter.
NY State says this about manslaughter of the second degree: "[He or she must be] aware of and consciously disregard a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk that the person creates must be of such nature or magnitude that his or her disregard of it constitutes a "gross deviation from the standard of conduct that a reasonable person would observe in the situation."
Since the officer
accidentally fired at a wall, the fact that the bullet actually pierced the victim's heart is an unpredictable freak accident. He was not aware of the victim, nor could he have been aware that the bullet would ricochet in such a manner, and due to the lack of light and general confusion, was unaware that the bullet hit someone. This entire scenario is really the worst, and people like the officer should never be given a gun in the first place.