Conroy v. State

843 S.W.2d 67 (1992)

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Nature of the Case

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Facts

Conroy (D) was drinking at a bar with three friends when they decided to go to D's home and called an escort service. Four women arrived one of whom was Elissa Anne Roberts using the name, Michelle. D paid the four women $220 each and directed the men and women to different rooms in the house. D decided at some point that he would get a kick out of bursting into the various rooms with his passport and his handgun saying that he was vice and that everyone was under arrest. D removed two bullets from his gun for safety reasons but let three in the chambers. D started his game and burst into the rooms. When he got to the last room, a shot was fired, and Elissa was hit in the head. Elissa died, and D testified that he did not intend to kill anyone and that the gun went off accidentally. D testified that he knew the gun was loaded and knew how to safely handle guns. A weapons expert testified that the gun would not go off accidentally as the trigger required 3.5 pounds of pressure in single action mode, and 13 pounds in double action mode and that the cylinder would rotate whenever the gun was cocked in either direction. D was tried for murder but the jury was also charged with involuntary manslaughter. (Jury instruction is listed on page 586-587 Boyce 8th). D requested a charge of negligent homicide but that was denied. D appealed.