In this McDowell County case, defendant appealed her convictions for involuntary manslaughter and two counts of failure to store a firearm to protect a minor, arguing error in denying her motion to dismiss for insufficient evidence. The Court of Appeals agreed, reversing the two counts of failure to store a firearm to protect a minor and vacating the conviction for involuntary manslaughter based upon the underlying misdemeanor. 

In July of 2018, defendant’s son had a friend over to their house to spend the night. Defendant left an unloaded .44 magnum revolver and a box of ammunition on top of a gun safe in her bedroom. Early in the morning, defendant’s son retrieved the revolver and ammunition and took it to his room, where he and his friend decided to play Russian roulette. The friend was killed when he pulled the trigger and a round was fired. At trial, defendant waived her right to a jury trial and was convicted after a bench trial. 

The Court of Appeals first considered the failure to store the revolver to protect a minor conviction, explaining that defendant’s argument was not based on the evidence admitted, but on statutory interpretation of G.S. 14-315.1, as “an unloaded gun with a double safety is not in a condition that it can be discharged.” Slip Op. at 8. This required the court to conduct an analysis of the statute and what “discharge” means for purposes of G.S. 14-315.1. Here, the court concluded that “a firearm is ‘in a condition that the firearm can be discharged’ when it is loaded.” Id. at 14. The court also noted that it did not reach additional ambiguities such as firearm safety mechanisms. Because the revolver in question was not loaded, there was insufficient evidence to support the first count against defendant. The court then explained that the State conceded its failure to show the minors gained access to any other firearms stored in the home, meaning there was insufficient evidence to support the second count against defendant. 

Having reversed the two failure to store a firearm to protect a minor convictions, the court turned to the involuntary manslaughter conviction, explaining “there are two theories under which the State may prove involuntary manslaughter—an unlawful act or a culpably negligent act or omission.” Id. at 17. Although this was a bench trial with no jury instruction, the record indicated the State and trial court presumed the conviction was based on the underlying misdemeanor of failure to store the revolver to protect a minor. Because the record did not show any discussion of the alternate theory of a culpably negligent act or omission by defendant, the court presumed the conviction was based on the now-reversed misdemeanor, and vacated the conviction for involuntary manslaughter.