A South Miami-Dade man said he shot his wife Sunday thinking she was an intruder, Miami-Dade police said.
The shooting happened at their home on Southwest 146th Terrace near 157th Avenue in the Hammocks.
The man's wife was conscious and speaking after being shot in the chest with a .40 caliber Glock pistol, officials said. She was airlifted to Kendall Regional Medical Center.
Given the circumstances of the case, it is unlikely that the man will be charged criminally. That is because as long as he possessed a good-faith belief that his wife was actually an intruder, the law does not necessarily criminalize such a mistake.
Since this is not a homicide and the victim is alive to tell her side of the story, so long as her account is consistent with the man's account, he should not face any charges.
Legally, however, there is no attempted manslaughter charge, so any charge would have to either be attempted murder or aggravated battery - both require proof of intent.
A charge of culpable negligence could possibly be filed, but if the man truely believed that his wife was an intruder, and the facts and circumstances lend themselves to that belief, then there is no legal criminal charge he can face.
It is tragic that the man accidentally shot his wife, but Florida law does not always criminalize accidental conduct.
Eric Matheny represents clients charged with criminal offenses in Miami-Dade and Broward. He can be reached at 305-542-9491