A.T. v. State

ON MOTION FOR REHEARING AND/OR CLARIFICATION

We grant appellant’s motion for rehearing and/or clarification and withdraw the opinion filed on March 8, 1995 and substitute the following opinion.

A.T.’s adjudication for culpable negligence 1 is reversed where the totality of the State’s evidence indicated that A.T.’s conduct in the unfortunate shooting of his friend was purely careless or accidental in nature and not of “such a gross and flagrant character that it evidenced a reckless disregard for human life or safety equivalent to an intentional violation of the rights of others.” J.A. v.…