People v. McNally
236 Cal. App. 4th 1419
Cal. Ct. App.2015Background
- Defendant McNally, a trained federal correctional officer, pointed a loaded 9mm at friend Gary Bent while both had consumed alcohol and bath salts; the pistol discharged, killing Bent.
- McNally texted admissions after the shooting and later told police the shooting was "completely an accident;" toxicology showed MDVP (bath salts) and Vicodin.
- Jury convicted McNally of second degree murder (implied malice) and found true firearm-use enhancements; sentence 15 years to life plus 10 years.
- Defense theory: accidental discharge during joking/horseplay while intoxicated.
- Prosecution relied on McNally's firearm training, safety-rule violations (pointing a loaded gun, finger on trigger), flight and post-shooting conduct, and expert testimony about drug effects to establish conscious disregard for life.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for implied malice | Evidence (brandishing a loaded gun, overriding safeties, training) shows conscious disregard for life; supports second-degree murder | Shooting was an accident; lack of intent and unforeseeability negate implied malice | Conviction affirmed: brandishing a loaded gun while intoxicated and trained supports implied malice. |
| Admissibility of bath salts evidence | Relevant to state of mind and impairment; probative value outweighs prejudice | Irrelevant / prejudicial; painted defendant as a bad person | Admission upheld: evidence relevant to consciousness of risk and impairment; §352 ruling proper. |
| Unredacted Miranda video (PTSD reference) and mistrial motion | Brief, inadvertent PTSD reference cured by admonition and replay of redacted video | Reference violated pretrial stipulation; prejudicial—mistrial required | Mistrial denied: fleeting reference cured by curative instruction; no due process violation shown. |
| Motion to disclose juror identifying information | N/A (prosecution opposed) | Defendant sought juror identities to investigate alleged post-verdict misconduct by excused juror | Denial upheld: defendant failed to make prima facie showing of juror misconduct or good cause under Code Civ. Proc. §§206,237. |
| Prosecutor's closing remark on "accident" and CALCRIM 625 (voluntary intoxication) | Prosecutor argued killing was preventable, not an "accident"; intoxication irrelevant to implied malice | Comment misstated law; court should have instructed on intoxication negating malice | No reversal: no timely objection, remarks not reasonably likely to mislead given instructions; CALCRIM 625 not required for implied malice. |
Key Cases Cited
- People v. Nieto Benitez, 4 Cal.4th 91 (1992) (brandishing a loaded firearm at a person is dangerous to human life and can support implied malice)
- People v. Boatman, 221 Cal.App.4th 1253 (2013) (pointing a loaded gun in jest can support implied malice despite claim of accident)
- People v. Clark, 52 Cal.4th 856 (2011) (evidence of intoxication and drugs may be admissible to show state of mind)
- People v. Avila, 38 Cal.4th 491 (2006) (must show good cause and prima facie juror misconduct to obtain juror identifying information)
- People v. Watson, 30 Cal.3d 290 (1981) (malice inquiry includes defendant's subjective awareness of risk)
- People v. Bolin, 18 Cal.4th 297 (1998) (standard of review for sufficiency of the evidence)