State v. McFerson
583 So.2d 516, 1991 WL 114076 (1991)
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Rule of Law:
Handling a loaded firearm in a crowded public establishment after consuming alcohol constitutes criminal negligence because such conduct is a gross deviation below the standard of care expected of a reasonably careful person, sufficient to support a conviction for negligent homicide if a death results.
Facts:
- Cornell McFerson, a soldier, and three friends went to a nightclub called the 'Blue Room' after consuming alcoholic beverages.
- McFerson brought a .38 caliber revolver with him inside the bar, allegedly because he had a verbal altercation with two men in the parking lot.
- Inside the crowded nightclub, McFerson attempted to move the gun from one pocket to the front of his pants.
- While he was handling the weapon, someone bumped him, causing the gun to discharge.
- The bullet struck 21-year-old Patrice Clifton in the back of the head, killing her.
- McFerson was informed by one of his friends that the bullet had struck the victim.
- Despite this knowledge, McFerson and his friends left the nightclub after the shooting.
Procedural Posture:
- Cornell McFerson was charged with negligent homicide in a Louisiana trial court.
- A unanimous six-person jury found McFerson guilty of the charge.
- The trial court sentenced McFerson to three years at hard labor.
- McFerson, as the appellant, appealed his conviction to the Court of Appeal of Louisiana, Third Circuit, arguing, among other things, that the evidence was insufficient to support the verdict.
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Issue:
Does bringing a loaded firearm into a crowded bar, consuming alcohol, and handling the weapon in a manner that causes it to discharge and kill another person constitute criminal negligence sufficient to support a conviction for negligent homicide?
Opinions:
Majority - Foret, J.
Yes. The act of bringing a loaded firearm into a crowded bar while drinking, which results in an accidental discharge and death, constitutes criminal negligence sufficient for a negligent homicide conviction. The court defined criminal negligence as a disregard for the interest of others that amounts to a gross deviation below the standard of care expected of a reasonably careful person. The evidence showed that McFerson brought a loaded gun into a crowded bar, had been drinking, and had no legitimate reason for his actions. The court stated it could not 'fathom a greater disregard for the safety of others than handling a loaded gun in a crowded barroom.' Therefore, when viewing the evidence in the light most favorable to the prosecution, a rational jury could have concluded beyond a reasonable doubt that McFerson's actions were a gross deviation from the expected standard of care, thus satisfying the elements for negligent homicide.
Analysis:
This case provides a clear judicial definition of 'criminal negligence' in the context of firearms and public spaces under Louisiana law. It establishes a strong precedent that the combination of inherently dangerous instrumentalities (guns), intoxicating substances (alcohol), and a crowded environment creates a high probability that any resulting accidental death will meet the threshold for a homicide conviction. The court's forceful language signifies a low tolerance for such reckless behavior, strengthening the position of prosecutors in similar cases and clarifying that an 'accident' defense is unlikely to succeed when the defendant's preceding conduct is egregiously careless.
