The defendant, Deborah Shirley, was charged with negligent homicide when Marshall Rayburn (“Rayburn”), while out on bond for raping his wife, Peggy Rayburn, killed Ms. Rayburn. At the time Ms. Rayburn was killed, Ms. Shirley was an employee of a monitoring company that was responsible for monitoring Rayburn to make sure he did not go near the marital home while out on bond.
On the night Ms. Rayburn was killed, the defendant fell asleep, thus, failing to alert the police. The defendant filed a motion to quash the charging instrument, which was denied by the trial court and reversed by the court of appeal.
I agree with the court of appeals reversal of the trial court. The defendants conduct constituted simple and ordinary negligence at best. The crime of negligent homicide is “the killing of a human being by criminal negligence.” La. R.S. 14:32(A)(1). Falling asleep on the job does not constitute criminal negligence. Criminal negligence goes beyond carelessness, mistake, error in judgment, or omission of a duty. See State v. Bowie, 95-795 (La. App. 3 Cir. 11/13/96), 684 So.2d 68, writ granted on other grounds, 96-2987 (La. 1/31/97), 687 So.2d 369. It is more than the mere failure to do something which a reasonable and prudent man would do. Id. Consequences alone do not determine the criminal culpability of an actor. Id. Ordinary negligence cannot trigger or form the basis of negligent homicide.
I fully agree with the court of appeal and would deny this writ.
Genovese, J., dissents and assigns reasons.