Prosecutor: “So, Mr. Yefragetuwrabrumuy, you admit that you didn’t mean to fire your first shot but you did so accidentally. That is negligent discharge of a firearm, and you will be so charged. I believe your second shot that killed poor Detrauyn Smith (he was such a gentle giant who was turning his life around) was also an accident, which is criminal negligent homicide. You will also be charge with that, and we shall let a jury decide.”
This “negligent discharge” is so conditional and situational that it would never legally fly outside of states or D.C. where guns are still effectively outlawed. While acting in the prevention of a felony, it would be an unconscionable “parsing” of an event.
According to Criminal Defense Lawyer.com, “You cannot commit an unlawful discharge of a weapon if you fire it accidentally. A prosecutor must show you intentionally fired the weapon, but does not have to show you did so maliciously or with the intention to hurt someone or damage property. Prosecutors typically show your intent from the circumstances surrounding the situation, witnesses testimony, or even your own statements.”