State v Bier
S. Ct. Montana 1979
Author:- Sam Biers

Facts: Mrs. Bier and Mr. Bier went out to the stock car races and drank. Mrs Bier was reported to have drank two six packs of beer herself.  They argued after getting home.  Def went into the bedroom intent on leaving.  Victim stood in the doorway blocking his exit.  Def pulled out the gun, cocked it and informed victim that she would have to use it to stop him.  Victim picked up the gun and held it to her head.  Def either grabbed or slapped at the gun, it discharged and the victim died.  Gunpowder Analysis could not determine who fired the gun.

Issue: Whether the facts presented preclude a finding of negligent homicide?

Holding: Yes

Procedure: Jury trial found guilty of negligent homicide. Affirmed

Rule: Homicide plus conscious disregards a risk that the result will occur or that the circumstance exists or if he disregards a risk of which he should be aware that the result will occur or that the circumstance exists.  The risk involves a gross deviation from the standard of conduct amounting to considerably greater than lack of ordinary care.

Court Rationale: Def pulled out, cocked, and threw the gun on the bed within reach of his intoxicated wife qualified as a gross deviation.  When def challenged his wife to use the gun this created an environment that the victim was foreseeably endangered within.

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