## Facts

- Earl E. Walker was charged with two counts of involuntary manslaughter and one count of carrying a pistol without a license under D.C. Code § 22-3204.
- The government proffered that Walker, while carrying an unlicensed pistol, dropped it in an apartment-building stairwell; the gun discharged and fatally wounded a bystander.
- Walker proffered expert evidence that the pistol would fire on impact (with the hammer not cocked) only if dropped at a particular angle.
- One manslaughter count alleged Walker caused death while “perpetrating and attempting to perpetrate” the misdemeanor of carrying a pistol without a license “involving danger of injury.”
- The record at the dismissal hearing consisted of the parties’ competing proffers, without detailed factual findings.

## Issues

1. Whether involuntary manslaughter may be predicated on the misdemeanor of carrying a pistol without a license when the offense is alleged to have been committed “involving danger of injury” and the pistol discharge caused death.
2. Whether, under the dangerous-misdemeanor theory of involuntary manslaughter, the government must additionally allege or prove gross or criminal negligence at the pleading stage.

## Decision

- The District of Columbia Court of Appeals reversed the pretrial dismissal of the manslaughter count and remanded for further proceedings.
- The court held that carrying a pistol without a license can, in an appropriate factual setting, qualify as a misdemeanor “involving danger of injury” sufficient to support involuntary manslaughter.
- Viewing the government’s proffer favorably, the court concluded a jury could find the misdemeanor was committed in a manner involving danger of injury and that the death resulted from the discharge during that conduct.
- The court ruled the government was not required, under an unlawful-act (dangerous misdemeanor) theory, to plead or prove gross or criminal negligence in addition to intent to commit the misdemeanor.

## Legal Principles

- Involuntary manslaughter is an unintentional unlawful killing; it may be established by (1) commission of a misdemeanor involving danger of injury, or (2) gross or criminal negligence.
- Under the dangerous-misdemeanor theory, the mens rea is supplied by the intent to commit the predicate misdemeanor; separate proof of gross negligence is not required for that theory.
- A misdemeanor that is not invariably dangerous may still satisfy the doctrine if, in the particular manner committed, it involves danger of injury.

## Conclusion

The court reinstated the dismissed involuntary manslaughter count, holding that unlicensed pistol carrying may serve as the predicate dangerous misdemeanor when the charged conduct—dropping a pistol that discharges and kills a bystander—permits a finding that the misdemeanor was committed in a manner involving danger of injury.


United States v. Walker, 380 A.2d 1388 (D.C. 1977)