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Originally Posted by WarChild
Still involuntary manslaughter.
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I think you can argue murder 2 in that situation. Pulling a gun on a subdued suspect showed no regard for anyone's safety. The act of pulling the gun makes it murder 2. If the weapon was already out because a suspect was acting unruly and the gun goes off accidentally, that's involuntary manslaughter. The act of pulling the gun when it was not needed is what escalates this to murder 2.
That's why the defense came up with the whole bullshit excuse about him thinking he was pulling a taser instead instead of his handgun. They knew the act of knowingly pulling a gun turns it into murder 2.