FRITZ DOMINIQUE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the facts did not establish culpable negligence beyond a reasonable doubt, and the homicide was excusable.
The defendant retrieved a loaded gun from his car after a guest threatened him. The gun discharged when someone grabbed his arm, fatally injuring a fr…
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BASKIN, Judge.
Fritz Dominique appeals a manslaughter conviction entered upon return of a jury verdict of guilty. According to the evidence, Placid, a. guest at a party Dominique was attending, threatened to kill him. Placid was escorted to his car after being asked to leave the party; he screamed that he would come back and get Dominique. As Dominique retrieved a loaded gun from the glove compartment of his own car, someone grabbed his arm. The gun discharged, fatally injuring a close friend of Dominique’s. Dominique and other guests immediately took the victim to the hospital.
Manslaughter is defined by section 782.07, Florida Statutes (1981), as “The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification.... ” Culpable negligence, which replaces the element of criminal intent, Hulst v. State, 123 Fla. 315, 166 So. 828 (1936), means action of such a gross and flagrant character that it evidences a reckless disregard for human life or safety equivalent to an intentional violation of the rights of others. McCray v. State, 350 So. 2d 1126 (Fla. 2d DCA 1977).
Culpable negligence must be determined from the facts peculiar to the case. Scarborough v. State, 188 So. 2d 877 (Fla. 2d DCA 1966).
Examining the facts before us in light of Parker v. State, 318 So. 2d 502 (Fla. 1st DCA 1975), cert. denied, 330 So. 2d 21 (Fla.1976); Getsie v. State, 193 So. 2d 679 (Fla. 4th DCA 1966), cert. denied, 193 So. 2d 679 (Fla.1967); and Sharp v. State, 120 So. 2d 206 (Fla. 2d DCA 1960), we fail to find the establishment of culpable negligence beyond a reasonable doubt.
Homicide is excusable according to section 782.03, Florida Statutes (1981), when committed by accident, in the heat of passion, upon any sudden provocation. We find that the facts under consideration fall within the definition of excusable homicide. Consequently, we reverse the conviction and remand the cause for entry of a judgment of acquittal.
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Killingsworth v. State, 584 So. 2d 647 (Fla. 1st DCA 1991)…have loaded them like that.” This evidence does not suggest negligence of a gross and flagrant character, evincing a reckless dis [*649] regard for the safety of others. Compare Heston v. State, 484 So. 2d 84 (Fla. 2d DCA 1986); Dominique v. State, 435 So. 2d 974 (Fla. 3d DCA 1983); Parker v. State, 318 So. 2d 502 (Fla. 1st DCA), cert. denied, 330 So. 2d 21 (Fla.1976); and Getsie v. State, 193 So. 2d 679 (Fla. 4th DCA 1966), cert. denied, 201 So. 2d 464 (Fla.1967). Therefore, the trial court erred in denying…
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Penton v. State, 548 So. 2d 273 (Fla. 1st DCA 1989)…ot from considering the result alone. See, e.g., Tipton v. State, 97 So. 2d 277, 281 (Fla.1957) (nonforceful, but “rude” pushes of deceased by defendant did not amount to reckless disregard of human life or of deceased’s safety); Dominique v. State, 435 So. 2d 974 (Fla. 3d DCA 1983) (manslaughter conviction reversed upon showing that the victim was accidentally shot while defendant, whose life had been threatened, was retrieving loaded gun from the glove compartment of his car); Walsingham v. State, 272 So. 2…
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In the Interest of J.C.D., 598 So. 2d 304 (Fla. 4th DCA 1992)…istently held that such an accidental firearm discharge may be the product of simple or gross negligence by the accused, but cannot rise to the level of [*305] culpable negligence so as to constitute a criminal manslaughter. See Dominique [v. State, 435 So. 2d 974 (Fla. 3d DCA 1983) ] (evidence insufficient to establish manslaughter where gun discharged and bullet struck defendant’s friend as a result of someone grabbing the defendant’s arm); Parker v. State, 318 So. 2d 502 (Fla. 1st DCA 1975) (evidence insuf…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mahlon Hulst v. State, 123 Fla. 315 (Fla. 1936)
- Buford T. Scarborough v. State, 188 So. 2d 877 (Fla. 2d DCA 1966)
- Getsie v. State, 193 So. 2d 679 (Fla. 4th DCA 1966)
- Daniels v. Lake Pleasant Land Co., Inc., 193 So. 2d 679 (Fla. 4th DCA 1967)
- Sharp v. State, 120 So. 2d 206 (Fla. 2d DCA 1960)
- Weidner v. State, 318 So. 2d 502 (Fla. 2d DCA 1975)
- Parker v. State, 318 So. 2d 502 (Fla. 1st DCA 1975)
- Elton McCRAY v. State, 350 So. 2d 1126 (Fla. 2d DCA 1977)