What is the test for the involuntary manslaughter of a man who was shot and killed by a defendant who had negligently discharged a firearm?

The fact that the trial court instructed the jury on the lesser included offense of involuntary manslaughter premised on Starkey having negligently discharged a firearm indicates that the trial court determined that there was substantial evidence from which a reasonable juror could conclude that the shooting was accidental and thus, that Starkey committed involuntary manslaughter. (See People v. Thomas (2012) 53 Cal.4th 771, 813 ["An instruction on a lesser included offense must be given only if there is substantial evidence from which a jury could reasonably conclude that the defendant committed the lesser, uncharged offense but not the greater, charged offense"].) In short, this was not a

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case in which the record contains overwhelming evidence that Starkey committed a murder.²¹