Given that there are a lot of total dummies out there who own Firearms. I don’t find this at all impossible.
Somebody in a firearms comment last week stated they would never give a semi-auto (pistola) to a person who is not familiar with firearms. And that’s a sound statement, but since this was a .38 I’m assuming the weapon was a revolver... but still that doesn’t mean this woman is not stupid.
Assuming she’s probably lying and the shooting was probably purposely done (with malisse), the defense is interesting and I wonder if that defense tactic would actually work in a court if law? If it had been an automatic that had a very touchy trigger I would bet cash money that there have been test cases with law enforcement individuals who accidentally shot somebody because they were using a issue weapon that was a semi-automatic pistol and those weapons can have touchy triggers. Law enforcement routinely practice trigger finger control and muzzle control but In the Heat of the Moment, adrenaline kicks up and BAM!
I’ve fired a lot of semi automatic weapons Funny thing is not one has gone off without my finger on the trigger, safety (if there is one) off, and a round chambered. Goes back to the first rule of gun ownership. NEVER point a weapon at something or someone you are not willing to kill. Oh and the gun is always loaded. If it is not loaded, see above.