State v. McCarthy, 48 A.3d 616

Defendant set up a shooting range in his backyard and invited friends to shoot at targets.
An errant bullet from the range killed neighbor John Reiss at his nearby home.
The range lacked an adequate backstop and berm and was oriented toward the neighbor’s house, creating a serious risk of ricochet and property damage.
Defendant admitted limited experience with high-powered rifles and knew the risk of bullets missing targets and causing harm.
A hunter-safety instructor testified that only pellet or BB guns would be safe in such a range, given the setting.
Defendant was charged with involuntary manslaughter for criminal negligence and convicted after a jury trial, including a site view.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the jury view was properly admitted	State contends view aids understanding; probative despite changes.	McCarthy claims unfair prejudice and changes in scene misled the jury.	No abuse of discretion; curative instructions mitigated risk; not unduly prejudicial.
Whether the court improperly acted as advocate/witness during the site view	Record shows observations by the judge were part of trial administration.	Judge improperly documented proceedings off the record and became a witness.	Judge’s remarks were reporter-like, not improper testimony; not reversible error.
Whether the juror was properly retained despite apparent relationship with a prosecutor	Acquaintance did not affect impartiality; no improper bias.	Implied bias should have excused the juror given the social exchange with counsel.	No implied bias; relationship not close enough to require excusal.
Whether the evidence supports criminal negligence and causation	Evidence showed a gross deviation from the standard of care and causal link to death.	Causation too attenuated; insufficient to prove criminal negligence.	Sufficient evidence of criminal negligence; causal chain intact; verdict affirmed.

State v. Bruyette, 158 Vt. 21 (1992) (jury view admissibility and prejudice balancing)
State v. Brown, 147 Vt. 324 (1986) (jury view considerations pre-dating Rule 403)
State v. Messier, 2005 VT 98 (2005) (instructional safeguards for jury deliberations)
State v. Griffin, 152 Vt. 41 (1989) (implied bias standards and proximity of relationships)
State v. Yudichak, 151 Vt. 400 (1989) (causation standards in involuntary manslaughter)
State v. Viens, 2009 VT 64 (2009) (definition of criminal negligence)
State v. Martin, 2007 VT 96 (2007) (causation and irreversible course of events in manslaughter)
State v. Brooks, 163 Vt. 245 (1995) (negligence standards in manslaughter context)
Jones v. Shea, 148 Vt. 307 (1987) (implied bias in doctor-patient context)
Turner v. Roman Catholic Diocese of Burlington, 2009 VT 101 (2009) (implied bias in organizational context)