Can an accidental shooting be second degree murder or involuntary manslaughter?

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, 1141-1142.) 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 presumed to have had such an awareness. [Citation.] However, a finding of implied malice depends upon a

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determination that the defendant actually appreciated the risk involved, i.e., a subjective standard. [Citation.]' [Citation.]" (Id. at p. 1142; People v. McNally (2015) 236 Cal.App.4th 1419, 1426 ["'the state of mind of a person who acts with conscious disregard for life [(i.e., implied malice)] is, "I know my conduct is dangerous to others, but I don't care if someone is hurt or killed."'"].)

3. Analysis.