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Transcripts For FOXNEWSW The Five 20141021

Convicted of culpable homicide. Counsel for the state correctly said negligence in this matter is gross negligence. On his own version the accused knew that there was someone behind the door. He heard the window slide open. He heard the toilet door slam shut. He heard a noise coming from the inside of the toilet. It would have been different if he had just heard a noise and assumed that something, maybe a stray animal was in the toilet. In this instance the evidence shows he thought an intruder was behind the door. Using a lethal weapon, a loaded firearm the accused fired not one, but four shots into the toilet door. It is so that in his evidence he said he would have fired higher if his intention was to kill and this court accepted that. However, it does not change the fact that he knew the facts above and the toilet was is a small cubicle and that there was is no room for escape for the person behind the door. What is also significant is that the accused had been trained in the use o ....

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