Man shoots girlfriend by mistake instead of dog

[paramedic70002]

Rule #1: Don't shoot dog while someone is holding it.

Rule #2: Don't hold dog when someone is going to shoot it.



Currituck sheriff: Man aiming for dog shoots, kills girlfriend | HamptonRoads.com | PilotOnline.com

O’Malley and Mackey were arguing when the dog, a German shepherd-Doberman mix, bit O’Malley on the arm. O’Malley aimed a gun at the dog, according to witnesses interviewed by police. Mackey was shot in the chest when she tried to keep the dog from getting shot, Voorhees said. The dog was not injured.

[DefensiveCarry.com]

[Xader]

Thomas Paul O’Malley, 31, was charged with second-degree murder

Maybe I'm not clear on the definitions in NC, but doesn't murder imply intent? I would think that manslaughter would be more appropriate as a careless act resulted in her death.

[Bark'n]

699701000.jpg

Buh Bye... What a moron.

[Bark'n]

Maybe I'm not clear on the definitions, but doesn't murder imply intent? I would think that manslaughter would be more appropriate as a careless act resulted in her death.

Second Degree Murder is what a lot of states call Manslaughter

[SpencerB]

Wow what an idiot, very sad though

[Xader]

Second Degree Murder is what a lot of states call Manslaughter

Noted.

I'm much more familiar with Oregon law. In this case, it would likely result in a charge of Manslaughter in the Second Degree:

ORS 163.125 Manslaughter in the second degree. (1) Criminal homicide constitutes manslaughter in the second degree when:
(a) It is committed recklessly;
(b) A person intentionally causes or aids another person to commit suicide; or
(c) A person, with criminal negligence, causes the death of a child under 14 years of age or a dependent person, as defined in ORS 163.205, and:
(A) The person has previously engaged in a pattern or practice of assault or torture of the victim or another child under 14 years of age or a dependent person; or
(B) The person causes the death by neglect or maltreatment, as defined in ORS 163.115.
(2) Manslaughter in the second degree is a Class B felony. [1971 c.743 §89; 1975 c.577 §3; 1997 c.850 §4; 1999 c.954 §1]

or simply Criminally Negligent Homicide:

163.145 Criminally negligent homicide. (1) A person commits the crime of criminally negligent homicide when, with criminal negligence, the person causes the death of another person.
(2) Criminally negligent homicide is a Class B felony. [1971 c.743 §91; 2003 c.815 §2]

Manslaughter in the First Degree would require "circumstances manifesting extreme indifference to the value of human life". Oregon law requires intent for a charge of murder.

Not that this has any bearing on his case, but it surprises me that other states include definitions of "murder" without a requirement of intent.

[dukalmighty]

I would say if a dog bit him he was doing more than verbally arguing,chances are he put his hands on her and the dog defended,then he decided he was gonna kill it but his GF tried to protect the dog and got shot,wonder if any alcohol or drugs were involved,either way he will probably plead out to involuntary manslaughter

[Dadsnugun]

Everything that I want to say about this guy will get me another warning...

[Mr7point62]

Everything that I want to say about this guy will get me another warning...

Agreed.....I will say that he deserves more than Manslaughter charges though....

[rammerjammer]

That's horrible and doesn't sound like much of an accident.

[Chevy-SS]

I betcha the dog was doing the right thing, trying to protect his master from the scumbag. I hope the scumbag gets the maximum sentence and I hope the dog finds a good home.

[cmb]

he lived in the home with her, article said "they shared a home"; the dog knew him then I would suppose... hmmm something seems fishy here...

[Guns and more]

"Shoot the dog!"

[357and40]

Wasn't there a recent news story where a woman shot her husband while aiming at a dog?

[Guantes]

Anger and stupidity are a bad combination.