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If he indeeded to shoot the Mom with the .45, is that not an act of attempted murder? Putting .45 caliber holes in a person is usually very bad for their health.
So if that was his intention, then should the fact that the bullet instead unintentionally hit an innocent bystander then make the crime any less serious? This strikes me as being a flaw in the way that the law works.
To me, he attempted murder. And should thus be so charged.
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You may be right, but prosecutors often don't charge people the way they should be charged. Plea bargaining seems to be the norm these days, rather than a trial, and to me plea bargaining is a slippery slope to....not sure, but a place I don't want us all to be.