Except for the "breaking" part.
My understanding is that she put her key in the door, and the door simply pushed open, though her key wouldn't turn.
Can't call it "breaking" if no breaking took place.
The woman shot an innocent man, and she needs to go to prison, but the larger system of justice isn't served by making claims of charges that aren't supportable by the evidence.
The killing was accidental, not deliberate, and by "not deliberate" I mean with no criminal intent motivating her.
Breaking, as in “breaking and entering”, has a technical meaning and does not require violence. The “breaking” can be any force applied to gain entry, including pushing open an unlocked door. As I recall, under common law, pushing aside a curtain can be a “breaking”.
In Texas it's know as criminal trespass, though a case can be made for burglary.
The woman shot an innocent man, and she needs to go to prison, but the larger system of justice isn't served by making claims of charges that aren't supportable by the evidence.
Police shoot innocent people all the time and they don't go to prison. Why should she?
The killing was accidental, not deliberate, and by "not deliberate" I mean with no criminal intent motivating her.
If her gun fell out of her holster, went off, and the bullet went through the wall and killed the man then that's accidental. Drawing her pistol, aiming, and firing was deliberate.