That’s the issue. He fired a gun at her. If he had any reason to believe there was a live round in that weapon, then perhaps there is criminal culpability. But what happened here was not just an accident but a workplace accident with moving parts leading up to it. I just do not see a criminal case here.
In my line of work I see hundreds of workplace injuries that are a result of gross negligence and even recklessness leading to horrific injuries and death. Criminalizing that conduct is just wrong.
And do not get me started on the apparently mandatory-minimum of 5 years because a firearm was involved. This is either overreach or a publicity stunt by the DA. No way should the case get past a preliminary hearing.
See 17.
Circular saws, arc welding torches, or fork lifts, are not designed to take lives, but to do dangerous work. Guns, however, have the specific function of ending a life, and “gross negligence” in that context, failing to verify that the gun was cold, and cavalierly pointing it at someone, ever, is inexcusable. He could have “rehearsed” with his finger.