A person who violates a DNR order issued pursuant to the aforementioned statute is guilty of a misdemeanor. An intent to injure cannot be established by the malum prohibitum offense. Therefore, in order to find defendant guilty of involuntary manslaughter, the jury had to find that defendant acted with gross negligence. The Defendant is charged with the crime of involuntary manslaughter. Third, that the Defendant caused the death without lawful excuse or justification.
Gross negligence means more than carelessness.
It means willfully disregarding the results to others that might follow from an act or failure to act. In this case, the act alleged by the Defendant is the discharge of a firearm prior to one-half hour before sunrise contrary to Michigan statute and administrative order. Second, that the Defendant could have avoided injuring another by the use of ordinary care or by using ordinary care. Third, that the Defendant failed to use ordinary care to prevent injuring another when, to a reasonable person, it would have been apparent that the discharge of a firearm prior to one-half hour before sunrise was likely to result in serious injury to another person. The instruction adequately set out what was necessary to obtain a conviction for involuntary manslaughter based on a gross negligence theory.