Can a defendant be convicted of second degree murder or involuntary manslaughter for an accidental shooting?

An accidental shooting can be second degree murder or involuntary manslaughter depending on the defendant's knowledge. (See People v. Thomas (2012) 53 Cal.4th 771, 814-815 [conviction for second degree murder for a claimed accidental shooting during an argument]; People v. Mehserle (2012) 206 Cal.App.4th 1125, 1142-1143 (Mehserle) [conviction for involuntary manslaughter when a police officer mistakenly shot victim].) The mental state for involuntary manslaughter differs from the mental state for implied malice murder. " 'Implied malice contemplates a subjective awareness of a higher degree of risk than does gross [(i.e., criminal)] negligence, and involves an element of wantonness which is absent in gross negligence. [Citations.]' [Citation.] 'A finding of gross negligence is made by applying an objective test: if a reasonable person in defendant's position would have been aware of the risk involved, then defendant is

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