State v. Cooley

TOAL, Chief Justice:

Appellant Delano Rafael Cooley, Sr., (“Defendant”) was convicted of voluntary manslaughter in the death of his wife Donna Cooley (“Victim”). He has appealed. We reverse.

FACTUAL/PROCEDURAL BACKGROUND

On October 26, 1996, Defendant shot and killed Victim as she sat at their dinner table. At trial, Defendant claimed the gun fired accidently while he was showing Victim that it was unloaded. There were no witnesses to the killing, but two of the couple’s three young children were in the home at the time of the incident.

One of the children, Delano Cooley, Jr., was nine when his…