[verum ago]

New Mexico statutes § 30-2-3:

Manslaughter is the unlawful killing of a human being without malice.

A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion.

Whoever commits voluntary manslaughter is guilty of a third degree felony resulting in the death of a human being.

B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.

Whoever commits involuntary manslaughter is guilty of a fourth degree felony.

Sounds about right to me. It wasn't a deliberate / depraved mind / in the commission of another felony (1st degree murder in NM), nor did he know (that's the word in the statute) his act carried a strong probability of causing her death (he rather thought otherwise) (2nd degree murder). And as noted above, it wasn't voluntary manslaughter.

I still wouldn't mind some sort of aggravating enhancement though.

[faucetman]

Definitely B. Involuntary manslaughter

“act which might produce death in an unlawful manner or without due caution and circumspection.”

or “without due caution and circumspection.”

NO caution, NO circumspection.

He just pointed a REAL GUN directly at her and fired!

NO caution, just pointed the gun right at her. Didn’t check to see if the gun was loaded.

NO circumspection, he didn’t consider that pointing a REAL gun right at her might be dangerous. He didn’t consider that not checking the gun for live ammunition might be reckless. He didn’t consider that pointing a REAL gun at another human being and pulling the trigger, might be a reckless act.