People v. Gwozdz CA2/1

BACKGROUND

A. THE CRIME SCENE

On April 26, 2007, at 2:51 p.m., Gwozdz called 911. She told the 911 operator that her “husband was going to go . . . shooting at a shooting range” and “he was showing [her] how to use [a gun] and [she] accidentally shot him.” Gwozdz further explained that “he was laying down, and he was showing me [the gun] and it went in his head.” She continued, “My husband said the gun didn’t have any bullets in it. I thought that’s what he told me. . . . A long time ago, he showed me how to pull the thing back on the top of the gun and pull the trigger real fast. And that’s what I did.” Gwozdz told the 911 operator that her husband was still breathing and that she was following the operator’s instructions to apply pressure to the wound. Gwozdz hung up the phone when the emergency responders arrived. When the emergency responders arrived, they found Gwozdz behind the couch holding a towel to Duffey’s head, “[c]rying” and “[s]obbing.” Duffey did not appear to be breathing or actively bleeding, other than some blood dripping from his nose. Duffey was lying on his back on the couch; his head rested on a pillow and faced toward the television, which was on;…