Have you never heard of criminally negligent homicide?
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Have you ever prosecuted or defended a criminally negligent homicide case? Like the dozens that I have in my career as an attorney? Obviously not. An involuntary manslaughter case can be proven (generally) in one of two ways: Either the defendant intended to commit a misdemeanor, which resulted in an unintentional killing, or the defendant caused the death of another through “criminal negligence.” As an example of the first type, the wrestler-kid who recently sucker-punched the other wrestler clearly committed misdemeanor assault but, if the victim died as a result (even if 99.99% of other kids would not have died, this would be involuntary “misdemeanor-manslaughter.” Under the second type, “criminal negligence” is a very, very high standard and requires more than carelessness—instead, it requires that the defendant act with “reckless disregard for human life.” The defendant must intend to act in a criminally negligent manner. For example, I decide to drive blind-folded down I-75 and kill someone, or I drive 120 mph in a 55 mph zone and kill someone. THERE IS NO SUCH THING AS AN “UNINTENTIONAL” CRIME.
Did he intentionally point the weapon at her?