[TChris]

He intended to shock a healthy woman with a defribillator, and in his position as an EMT should have know how deadly that could be. He shouldn't be given slack on the off chance he wasn't listening during his training.

The legal theory is no different than a DUI. It's a dangerous, stupid thing which the defendant clearly should know better than to do.

Negligent, reckless, stupid, foolish, dangerous. Not malicious. That marks a clear distinction between murder and manslaughter.

[Eepsy]

The difference is in a DUI accident, a person is impaired by the alcohol before they make the decision to drive the car. I can see how that would preclude maliciousness. What was impairing this guy? The other EMTs told him to put the paddles down. He was in a position where he should have had knowledge of the effects. If what he did wan't "malicious" I need a new dictionary.