State v. Pitt
In State v. Pitt, 28 Conn. App. 825, 612 A.2d 60, cert. denied, 224 Conn. 907, 615 A.2d 1049 (1992), there was evidence that the defendant intended to shoot near the victim's feet to stop the victim from approaching him, but the defendant lost his balance and a shot went astray, killing the victim.
In Pitt, the defendant and the victim were arguing outside the defendant's apartment. "The defendant turned to walk back into the apartment building and the victim ran toward the defendant. The defendant then turned and fired two shots at the ground near the victim's feet. The victim stopped. The defendant again turned to walk into the apartment and the victim again ran toward the defendant. The defendant turned and again fired two shots at the ground near the victim's feet. The victim stopped.
The defendant turned for a third time to enter the apartment. The victim again approached the defendant. This time, however, the defendant lost his balance when he turned toward the victim, and the gun went off, fatally wounding the victim." State v. Pitt, supra, 28 Conn. App. at 828.