Try this story!
-At the 1994 annual awards dinner given for Forensic Science, AAFS
President, Dr. Don Harper Mills astounded his audience with the legal
complications of a bizarre death. Here is the story:
On March 23, 1994... The medical examiner viewed the body of Ronald Opus ,
and concluded that he died from a shotgun wound to the head.
Mr. Opus had jumped from the top of a ten-story building intending to commit
suicide.
He left a note to that effect indicating his despondency. As he fell past
the ninth floor, his life was interrupted by a shotgun blast passing through
a window, which killed him instantly.
Neither the shooter nor the deceased was aware that a safety net had been
installed just below the eighth floor level to protect some building workers
and that Ronald Opus would not have been able to complete his suicide the
way he had planned.
The room on the ninth floor, where the shotgun blast emanated, was occupied
by an elderly man and his wife. They were arguing vigorously and he was
threatening her with a shotgun! The man was so upset that when he pulled the
trigger, he completely missed his wife, and the pellets went through the
window, striking Mr. Opus.
When one intends to kill subject ‘A’, but kills subject ‘B’ instead, one is
guilty of the murder of subject ‘B.’
When confronted with the murder charge, the old man and his wife were
both adamant, and both said they thought the shotgun was not loaded,
the old man said it was a long-standing habit to threaten his wife with the unloaded
shotgun.. He had no intention to murder her. Therefore, the killing of Mr. Opus
appeared to be an accident, assuming the gun had been accidentally loaded.
The continuing investigation turned up a witness who saw the old couple’s
son loading the shotgun about six weeks prior to the fatal accident.. It
transpired that the old lady had cut off her son’s financial support, and
the son, knowing the propensity of his father to use the shotgun
threateningly, loaded the gun with the expectation that his father would
shoot his mother. Since the loader of the gun was aware of this, he was
guilty of the murder even though he didn’t actually pull the trigger. The
case now becomes one of murder on the part of the son for the death of
Ronald Opus.
Now comes the exquisite twist...
Further investigation revealed that the son was, in fact, Ronald Opus.
He had become increasingly despondent over the failure of his attempt to
engineer his mother’s murder. This led him to jump off the ten-story
building on March 23rd, only to be killed by a shotgun blast passing through
the ninth story window. The son, Ronald Opus, had actually murdered himself.
So the medical examiner closed the case as a suicide.
As a legal matter I don’t think it would be suicide
Ron did not intend to kill himself with the shotgun therefore not suicide.
He did however intend to kill his mother but did not and accidentally killed himself.
Consequently it is an accidental murder of himself. 2nd degree murder or manslaughter.