I understand you are expressing your opinion, and that’s fine, I don’t have any trouble with that, I’m simply saying it’s not murder.
What is it is a terrible terrible tragedy, and he’ll probably get negligent discharge causing death or something like that. The worst part is someone’s son is dead, and he has to live with it the rest of his life. Personally, I wouldn’t be able to bear that burden, I’d be volunteering to go to Africa and single handedly rescue kidnapped Christian girls. Certainty of death, and maybe do some good in the meantime is the most I’d hope to ask for.
I do not believe that “I did not think the gun was loaded when I pointed it at that child and pulled the trigger” should be an affirmative defense.
If it is, every gang thug in the country will say the same thing when they shoot kids.