I have a case where the defendant was pulling a small utility trailer without �towing safety chains� as required by Trans. Code Sec. 545.410. The trailer came loose and hit an oncoming vehicle, causing the driver of the oncoming vehicle to be ejected from his vehicle and run over and killed by his own vehicle. The defendant paid a fine for not having the safety chains on the trailer before I got the file. Should the case be filed as Manslaughter, Criminally Negligent Homicide or neither?

Why not let a grand jury decide? I think they do a great job of figuring out these sorts of facts mean.

He paid a fine for no towing chains. What caused the death? The hitch came off the ball! He hasn't paid a fine for whatever caused that release of the hitch from the ball. The towing chains absence just let it happen. So there is no safety on a gun when you point it at another human being and it goes off - still manslaughter, no safety just let it happen. The pointing of the loaded weapon let it happen. Two acts - no safety chains is one and creating the opportunity for the hitch to slip the ball is another.

If he was reckless or criminally negligent in failing to tighten the ball or the ball was worn or he knew the hitch defective or there was too much speed or he ignored the rough nature of the road or if he had the load of trailer wrong (too much forward or aft or too heavy) or failed to check the hitch.... HE'S GUILTY IF YOU CAN PROVE IT. However, were those aspects worked by your police ... If it was a material failure due to metal fatigue ... You need an expert. Good luck.