The jury must decide whether they find the defendant guily of each charge beyond reasonable doubt. The public are not informed on all of the facts of this case.

From the opening statements, the prosecution acknowledged that the shooting was a ricochet skip shot, hitting the pier about 15 feet from the defendant and then ricocheting almost 80 feet farther to hit Steinle. This was corroborated by a ballistic expert with a strong credentials.

The legal definition of involuntary manslaughter:

"Conduct whereby the actor does not desire harmful consequence but foresees the possibility and consciously takes the risk," or alternatively as "a state of mind in which a person does not care about the consequences of his or her actions."

The timeline of the incident is something we may never know, but from a reasonable doubt perspective, based on the evidence presented during the trial it may have been incredibly hard to say that that decision alone to pick up a ginwas reckless, but he mayb have also not been in a perfectly clear state of mind (he had allegedly taken sleeping pills), and thus, picking up such a dangerous object is itself a reckless decision.

Having said that, this man should never have been in the country.