Mary Beth Harshbarger, a Pennsylvania woman who shot and killed her husband during a 2006 hunting trip in central Newfoundland, was found not guilty Friday of criminal negligence causing death.
Harshbarger, 45, who has always claimed she mistook Mark Harshbarger, 42, for a black bear while the two were hunting outside Buchans Junction, wept after hearing the verdict...
...LeBlanc said the death of Mark Harshbarger was the "result of an accident and nothing more."...
...If she had been convicted, she would have faced a minimum prison sentence of four years.
LeBlanc told the courtroom the Crown did not prove its case beyond a reasonable doubt....
...Mark Harshbarger died after being struck by a single bullet to his abdomen. He had been walking with a guide the couple hired and was standing in tall grass.
Witnesses told LeBlanc that it was too dark that evening for anyone to have shot at any target with certainty.
Court was told that Mary Beth Harshbarger was about 60 metres away from her husband when she shot him. No other footprints or animal tracks were found in the grassy area where Mark Harshbarger was shot, police said.
Mitigating evidence
But LeBlanc was also given mitigating evidence. No one in the hunting party wore an orange hat or an orange vest that evening.
As well, while the RCMP conducted two re-enactments of the shooting, one of the witnesses — Reg White, who owns the lodge where the Harshbargers stayed — testified that what he saw "didn't look like a man to me." The target he was asked to look at was a Mountie assuming the same position as Mark Harshbarger...
http://news.ca.msn.com/top-stories/c...entid=25790261
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