this post was submitted on 11 Feb 2026
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Agreed with all of that. Im not making any statement about how warranted or unwarranted his criminal charge, or lack of charge was.
Im just especially interested in the notion that pointing a gun at someone means there is intent to kill, regardless of circumstances. That seems weird. It seems like it would logically follow that all gun deaths have intent.
Edit: after doing some research, it appears intent to kill and criminal intent is the distinction. Legally, pointing a gun means there is criminal intent. However, pointing a gun alone does not imply intent to kill, at least not legally. I may have muddled the waters by not asking OP to clarify what type of intent they meant. I assumed intent to kill.
If I bring out a knife and kill you with it but only because I tripped while holding it at your throat, did I intend to kill you or not? Does it matter?
Yes, that absolutely matters as the jury decides whether it is murder or manslaughter.
Ideally, yes. In this case there was no trial for the jury to make such a determination.
No. It doesn't.
If someone pulled out a gun, points it at someone, pulls the trigger and shoots; could they argue that they'd hoped they'd either not hit them or not hit something vital? and so they didn't intend to kill them?
You pull out a knife and brandish it threateningly: That sets up intent. We do not know the mind nor will we ever; therefore we can not use the basis of the mind for the inference of intent. We have to rely on actions which could be reasonably interpreted as intent.
Am I misunderstanding or is this completely wrong?
https://www.vbrownleelaw.com/the-role-of-intent-and-premeditation-in-homicide-cases/
Yes, and it has been done successfully.
https://www.studicata.com/summaries/superior-court-of-pennsylvania/commonwealth-v-predmore-2018-so9l74/
Does the jury use it's psychic empathy to determine what was in my heart at the time the knife perforated your larynx or do they use the circumstances leading up to the murder to determine if I had intent to kill you or not?
Weirdly gruesome. Disengage.
Replying isn't disengagement. I used the knife as an example because it makes it clear that putting someone in immediate danger with no concern for their safety is a kind of "intent". If I juggled the knives near you instead would the humorous contrast make the analogy more palatable? Im just an amateur knife juggler, playing with his knives in your personal space after we had an argument, no hostile intent here.
Pointing a real firearm at a person should always be treated as if the holder wants to kill a person. There are exceptions, none of them apply here.
Agreed, that's a good rule to stay safe, but that's not what the law says.
https://www.findlaw.com/legalblogs/criminal-defense/is-it-a-crime-to-point-a-gun-at-someone/
Im sure I'd agree if i read it, but I'm ignorant to the details of this story. I am solely interested in the claim that pointing a gun means intent.
Pretty sure they don't have laws in Texas at this point.