I believe that DeHayes should have been charged with manslaughter. My opinion is based upon an analysis of the following relevant Florida statures:
782.03 Excusable homicide.—Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.
782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.—
(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
The following, is one of the best definitions of “culpable negligence” I have ever read. It is provided by Hussein & Webber, PL, a criminal defense law firm representing clients in Jacksonville and the surrounding counties of Northeast Florida:
“As defined under Florida case law and the Florida Standard Jury Instructions, “Culpable Negligence” is a course of conduct showing reckless disregard for human life, or for the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of conscious indifference to consequences, or which shows
Culpable Negligence in Florida Jacksonville Criminal Attorney
Normally, twirling the gun like some rodeo cowboy would be immaterial because that particular act did not cause her death. However, this theatrical behavior could – along with everything else - be indicative of a grossly immature and irresponsible pattern of behavior which might constitute “culpable negligence.” The fatal shot occurred when DeHayes tried to release the hammer by pulling the trigger and putting his thumb on the hammer to let it fall forward gently. This foolish act violated two basic principles of gun safety: first, when handling a gun the weapon is ALWAYS pointed in a direction which does not endanger anyone; and second, every time a gun is picked up it should be checked to make sure it is not loaded. Further, if there is a “smoking gun” in this case, it is this comment made by DeHayes:
“I haven’t slept in three days trying to figure out how the hell [the gun] went off. I don’t know. I mean them damn guns. The shotgun goes off when it wants to. I almost blew my damn head off twice.”
The fact that his gun had accidentally discharged twice before should have put him on notice to be extremely careful and too make damn sure the weapon was unloaded before he handled it especially when other people were around. This he failed to do. His comment that the “shotgun goes off when it wants to” is refuted by the following: “The pistol that killed Katherine was found to be in working order by the Florida Department of Law Enforcement.”
According to King (the prosecutor) , for a crime to have occurred, DeHayes would have had to pull the trigger intentionally. In a letter denying the case, King wrote that an accidental discharge of a firearm that kills someone—even if it is the result of gross negligence—cannot be prosecuted . I disagree. It is not necessary to prove the defendant had an intent to cause injury or an intent to do something (pull the trigger) which might reasonably cause injury. It is sufficient to prove that a defendant acted with “wantonness, recklessness, or a grossly careless disregard for the safety and welfare of others.” Pointing a weapon (which the defendant knew or should have known was loaded) in the direction of the victim while pulling the trigger and trying to release the hammer might reasonably be viewed as gross and culpable negligence. Since prior to this incident, the defendant had twice caused his firearm to discharge “accidentally,” his failure to exercise extreme caution when handling his weapon is inexcusable. Whether or not his conduct amounts to culpable negligence is a matter for a jury to consider.
Prior to stating that a “shotgun goes off when it wants to,” DeHayes said the following: “Left My Gun Alone Today. It Didn’t Kill Anyone,” and the additional caption, “Yep, proving once again that the lethality of an object is entirely dependent on the intent of the operator.” It is fortunate for DeHayes that the prosecutor cannot use these words against him.
