A strange story ends in the tragic death of a young woman. A Florida man is facing manslaughter charges, accused of accidentally and fatally shooting a woman during a sex act on Sunday, authorities said.
According to Fox News, Andrew Shinault, 23, shot a woman in her 20s in the upper body with his registered handgun about 12:30 p.m., the Hillsborough County Sheriff’s Office said in a news release.
The report says that the two were involved in foreplay when the man’s gun went off, striking the woman:
“A Valrico man is facing charges after accidentally shooting a woman. Around 12:30 p.m. on Sunday, May 26, Andrew Shinault, 23, shot a woman, who is also in her 20s, while engaging in an act of foreplay involving his registered handgun. The incident occurred at Shinault’s home on Grand Canyon Drive in Valrico. The woman, who was shot in the upper body, was transported to Brandon
Regional Hospital where she later died.”
Shinault is reportedly being charged with involuntary manslaughter. A charge that in Flordia could carry a sentence of 15 years in prison, 15 years of probation or up to $10,000 in fines.
To establish involuntary manslaughter, the prosecutor must show that the defendant acted with “culpable negligence.” Florida statutes define culpable negligence as a disregard for human life while engaging in wanton or reckless behavior. The state may be able to prove involuntary manslaughter by showing the defendant’s recklessness or lack of care when handling a dangerous instrument or weapon, or while engaging in a range of other activities that could lead to death if performed recklessly.
According to WKRG the couple knew the gun was loaded and were using the gun for “sexual excitement.” Which according to Florida law, means Shinault’s case qualifies as involuntary manslaughter.
The couple was certainly reckless but the case skirts such a bizarre line he may not receive the maximum sentence. Especially if the defense can prove both parties knew the gun was loaded.