By Kim Smith Arizona Daily Star | Posted: Thursday, May 20, 2010 3:58 pm
A 24-year-old Tucson man is facing between seven and 21 years in prison after being convicted of manslaughter Thursday in the October 2009 death of his fiancee.
Deputy Pima County Attorney Jesse Delaney had asked jurors to convict Rodney Kirk, 24, of second-degree murder, but the jury came back with the less serious charge after deliberating a couple of hours.
Kandice Sue Smith, 21, died after being shot in the right torso moments after leaving Kirk's mother's southwest side home with Kirk.
Kirk told authorities the gun went off accidentally, but a medical examiner testified the gun was pressed into Smith's side when it went off.
Smith died because of a tragic accident, and Kirk was over-charged by the Pima County Attorney's Office, Defense attorney Ralph Ellingwood told jurors. Negligent homicide is a more appropriate charge, he said during opening statements earlier this week.
Pima County Superior Court Judge John Leonardo will sentence Kirk June 28.
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