Former Marion County sheriff’s deputy Leslie Boileau said he and his girlfriend were "handling and dry-firing the firearms" when the shooting happened.
A former Florida sheriff's deputy was arrested on suspicion of manslaughter in connection with the accidental shooting death of his girlfriend, authorities said.
Leslie Boileau called 911 on Thursday night to report that he had "accidentally shot his girlfriend" at their home in Ocala. The girlfriend was found with a handgun on her lap "and a rifle was also present at the scene," the Ocala Police Department said in a statement on Facebook.
It’s easier to get a warrant for his arrest from a grand jury for manslaughter because it doesn’t require motive, just a dead person. They can always upgrade that too murder if the investigation turns up something.
If you point a firearm at someones head and firearms are one of your professional responsibilities, there are absolutely elevating criterion for higher charges. There is no reasonable doubt he was unaware of the possible probable consequences of pulling a trigger while aiming a firearm at someone.
As prosecuting attorney I would have the investigator simply ask 'WTF were you thinking?' and use whatever his response was (even a 5a plead) as prima facie evidence of guilt for a pre-meditated offence.
use whatever his response was (even a 5a plead) as prima facie evidence
This would get you reprimanded in court at best disbarred at worst. Utilizing the right to remain silent can not be used against you in a court of law. If it could it'd defeat the entire purpose of it by making silence become an admittance of guilt.
You're right, but I was being rhetorical. The video would really not be needed. Expert testimony on proper firearm handling, records of his training contrasted against his actual statements, and the collected evidence would be sufficient. My bet is he'll take a plea if offered.
We're talking about a firearm crime though. Firearms safety training the first thing they tell you is the gun is always loaded so never point it at something unless you intend to kill it. This is my point. If he pointed it at her, he intended to kill her by definition according to his training. His stating it was a 'dry fire' means he says it wasn't a crime of passion, and so he's going for 'it was an accident' defence which as a trained officer he should not have access too.
They have a 1st degree case that will be plead down to 2nd degree/reckless indifference or maybe manslaughter depending on how corrupt the PA is.