People v. Khoury

I respectfully dissent.

In order to convict defendant of statutory manslaughter, the prosecutor was required to prove the following elements:(1) a death; (2) that the death was caused by an action of the defendant; (3) that the defendant caused the death without lawful justification or excuse; (4) that the death resulted from the discharge of a firearm; (5) that at the time of such discharge the defendant was pointing or aiming the firearm at the decedent; and (6) that at the time of such discharge, the defendant intended to point or aim the firearm at the decedent. [People v Duggan, 115 Mich…