Without knowing any other facts, and without knowing what state or venue this case would take place in...
If I were the DA would argue that the husband committed, at the very least, involuntary manslaughter, and would seek an indictment on the charge immediately. But... my position may change drastically given the introduction of additional information or evidence. I might stick with involuntary manslaughter, increase the charge to voluntary manslaughter, or even go big with a murder charge. It all depends on the husband's state of mind during the time period leading up to and immediately preceding his wife's death.
A truly intelligent and persuasive DA could reasonably argue that the husband committed murder. If I were the DA, I would thoroughly investigate the state of the relationship for days, weeks and even months leading up to the assault. The husband's actual knowledge that a blow to his wife's head would create an opportunity, however small, for the bullet to dislodge and cause severe or fatal damage, could be considered an avenue for premeditated murder. The husband's state of mind at the time of the assault is a significant factor. If the prosecution could prove malice - an intent to kill or the knowledge that one's actions are likely to result in death - and would therefore open him up to the murder/homicide charge.
So much depends on mens rea, and the details surrounding the domestic situation and the actual events of that night. It sounds like an interesting film... what was it called?
|
