TexasCHLforum.com

Seamus,

Just for technical accuracy, there are 4 culpable mental states where you can be charged with a crime. They are intentional, knowingly, recklessly, or with criminal negligence. We do have a charge of criminally negligent homicide as a possibility.

In the specific case, the law appears to say that if I use a weapon in self defense, and recklessly injure another person, I can be charged for the assault or murder. Proving the recklessness is normally the hard part, but it would be relatively easy in cases like this.

If I were the D.A. in a case like this, I would first show whether or not he guns used were legally owned or carried. Then I would show that a reasonable person takes some marksmanship classes to ensure they hit their target. Then I would get an expert on the use of force to show that the potential for hitting a person in the background should be considered when the shooting back is considered (I hope CHL's are taught this, I know police are). If I can show that the shooter disregarded these activities that a reasonable person would have, I can negate his self-defense defense.

But the D.A. also has to worry about the politics of it. If I release a gang banger for this, do I catch hell for releasing a gang shooter? If I prosecute him anyway, do I catch hell from the regular shooting community for prosecuting a self-defense case? That is one of those decisions I am glad I don't have to make too often because I really hate to see someone prosecuted or released for his status. That is just wrong.