FL: Murder or self defense?

[seamusTX]

In Pierson, Florida (middle of nowhere), Saturday a 36-year-old woman called 911 to report that her live-in boyfriend had accidentally shot himself. The gunshot victim also told medical personnel that he had accidentally shot himself.

The gunshot victim died about two hours later.

The girlfriend then gave conflicting accounts to investigators, the latest version being ...

[She] eventually told investigators that she and [the deceased boyfriend] had been arguing for the past few days and that she awoke Saturday morning to [the deceased boyfriend] yelling and slapping her."

[A police spokesman] said that [the deceased boyfriend] then grabbed a handgun from the nightstand and walked outside and that she followed him. While outside,... she wrestled the gun away from [the deceased boyfriend].

"Thinking there was a blank in the chamber, she pulled the trigger and nothing happened," the Sheriff's spokesman said. "Then she pulled the trigger a second time. This time, the gun fired and the bullet struck [the deceased boyfriend] in the chest."

The woman is accused of murder. Police also found marijuana plants in the home, leading to additional charges of illicit gardening.

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- Jim

[paulhailes]

Can they charge her for being stupid?

A police spokesman said that [the deceased boyfriend] then grabbed a handgun from the nightstand and walked outside and that she followed him. While outside,... she wrestled the gun away from [the deceased boyfriend].

Why follow him out? Close the door and lock it, then call the police.

"Thinking there was a blank in the chamber, she pulled the trigger and nothing happened," the Sheriff's spokesman said. "Then she pulled the trigger a second time. This time, the gun fired and the bullet struck [the deceased boyfriend] in the chest."

Yah cause when I got a blank in the chamber, I pull the trigger anyways knowing nothing will happen.

[seamusTX]

Can they charge her for being stupid?

Being stupid is not an offense per se, but it is the basis of many other offenses.

Why follow him out? Close the door and lock it, then call the police.

There was that little problem of the "secret garden," which probably was a felony-level offense. Once the police are called to a crime in progress, they can pretty much search and seize everything.

- Jim

[Dave2]

I don't know FL's laws on the matter, but I'm pretty certain I would not have pulled the trigger.

Can they charge her for being stupid?

Yeah, she's clearly in possession of about 1.5 kg of uncut, 98% pure, weapons-grade stupidity.

[paulhailes]

There was that little problem of the "secret garden," which probably was a felony-level offense. Once the police are called to a crime in progress, they can pretty much search and seize everything.

Yah I know but still, get possibly shot following him outside or take your chances with the cops finding the plant/s.

[paulhailes]

Yeah, she's clearly in possession of about 1.5 kg of uncut, 98% pure, weapons-grade stupidity.

[seamusTX]

Some people seem to like living on the edge. When they're involved in illegal activities, the last thing they want to do is call the cops.

You will notice she started to drive the victim to the hospital, probably to avoid having the cops search the house (which would not have worked anyway, because it was a crime scene by then, it was unoccupied, and they had time to get a warrant).

- Jim

[SQLGeek]

Can they charge her for being stupid?

Being stupid is not an offense per se, but it is the basis of many other offenses.

The offense of petite oxygen larceny has a ring to it, doesn't it?