Former Lompoc prison guard Timothy McNally stands as the jury enters into a Santa Maria court room Monday. McNally stands trial a second time for the allegedly murdering of a friend after a night of drinking and ingesting bath salts.
Santa Maria Times
Prior to surrendering to police outside his father’s west Pine Avenue home, a Lompoc man accused of killing his friend earlier that evening made statements about committing suicide and told his father the shooting was accidental.
Timothy McNally, a former prison guard, also told his father the alleged shooting that left one man dead was nothing but a bad dream from which he was going to wake up.
McNally, 33, is accused of shooting his friend, Gary Bent, once in the left side of the neck on March 8, 2012, in a room at the Lompoc Embassy Suites, after the pair partied and ingested bath salts the night before.
He is facing one count of second-degree murder for Bent’s death, as well as an enhancement charge of using a gun during the commission of a deadly crime.
A second trial in the case started Monday, after jurors failed to reach an unanimous verdict at the conclusion of McNally’s first trial earlier this year.
On Tuesday, McNally’s father, Michael McNally, took the witness stand and told jurors his son was “emotionless” after the alleged shooting and he was worried the younger McNally may take his life.
“At the time, he said, ‘Shall I shoot myself,’” Michael McNally testified, adding at the time Timothy McNally made the statement he was repeatedly pointing a gun toward the base of his skull. “I told him, ‘No,’ I don’t need two deaths in the living room.”
A tragic event and a reminder that even those in the law enforcement community are also human. That being said, the accused needs to be held accountable for his actions. He entered this situation with a clear mind and knowing up front that using these substances were very dangerous and adding a gun into the mix couldn't end well.
ReplyDeleteI see no way, with him being a prison guard, could suggest that he had no idea that bath salts cause unpredictable, often violent behavior. This is no more an accident than anyone accused of killing someone while drunk driving. In view of his suicidal behavior after it happened, I'm surprised that he wouldn't plead guilty. At least then, he would have some sense that he had paid for hid deeds.
Just because you didn't mean to do it, doesn't remove the responsibility.
“He didn’t mean to pull the trigger,” Scott told the jury. “He didn’t mean to shoot his friend.”
Why would he plead guilty of 2nd Degree Murder when it was an accident. The suicidal behavior was guilt that something horrible had happened. Generally murderers don't give a crap and move on with life. Law enforcement officers are human, what would elevate them above "civilians"? A badge and some training, that is all. I agree that it doesn't remove responsibility, but accidents happen, even the best of marines shoot their own
ReplyDeleteAnon,
DeleteFrom the source article:
"Prosecutors also believe McNally began taunting the 32-year-old Bent with a loaded 9 mm semi-automatic handgun after the man went into the hotel bathroom to get sick. He allegedly shot Bent as the man was sitting on the side of the bathtub."
I'm guessing the theory of the case is that by taunting him and pointing a loaded gun at him they will say that he was showing a "depraved and malignant heart" which satisfies the "malice aforethought" requirement that takes you from manslaughter to murder. It's not as clear cut as if he had fired blindly into a crowd (one of the usual examples given to explain the concept of "depraved heart" murder), but an argument can be made that the ingestion of a known psychotropic agent combined with the reckless handling meets the elements.
Of course, we're into the second trial because the jury was apparently not convinced of that argument or of other evidence in the case the first time around.
That only covers the why of the charges; as for why he might plead guilty or not--he may have wanted to at some point due to the guilt but been talked out of it, or he may have been willing to plead to negligent or reckless homicide, but the D.A. wouldn't make that deal because he was convinced he could get the 2nd degree murder conviction.
The psychology in play is complex enough, and beyond anything I feel qualified to speculate on. The other issues (actions of lawyers, interplay of egos, etc.) are also complex, and we have no idea.
As for the "accidents happen" comment, as I've argued with Mikeb before, there's a difference between simple negligence and criminal negligence. In this case, if he was taunting his friend with the gun and accidentally shot him, he's crossed that line all the way--the drugs only exacerbate how far he went. The murder charge is arguable, though maybe a stretch, but I'd say this probably warrants the most severe negligent or reckless homicide statute available.
That was very well thought out and put together. I reacted harsh...he's my friend since childhood, many would react as I did. I appreciate your time in writing that out.
DeleteMac was my team leader in Iraq 03-04. Loved this guy like a brother, i'm sad to hear this. I hope the family will forgive him, we have a lot of demons we carry with us. Though it is not an excuse that what transpired, let it be known that too many 21st century vets have died, killed, been murdered, or committed suicide. We are a lost bunch, 1-36 forever.
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