Recklessly Causing Death Offence In Texas Law
A person commits manslaughter if he "recklessly causes the death of an individual." TEX. PENAL CODE ANN. 19.04 (Vernon 1994).
A person acts recklessly when "he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur." TEX. PENAL CODE ANN. 6.03(c) (Vernon 1994).
The risk must be such that to disregard it would be a "gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint." Id.
The State's indictment and the jury charge authorized the jury to find appellant guilty of manslaughter if it found that he had recklessly caused the complainant's death by:
(1) shooting him with a gun;
(2) shooting a gun at his automobile;
(3) shooting a gun in his direction.