PORTLAND, Maine (NEWS CENTER) -- A man from Skowhegan is on trial for manslaughter for shooting and killing a man during a sex game.
Bruce Lavallee Davidson claims he didn't know the gun was loaded when he pointed it at Fred Wilson's head and pulled the trigger twice.
Jurors must decide if the killing was the result of a terrible accident or whether Lavallee Davidson acted with criminal negligence.
Wilson had invited Lavallee Davidson and another man over for a night of doing drugs and having sex. While Wilson was engaged in a sex act with the other man Lavalle Davidson put a 44-caliber handgun to Wilson's head and pulled the trigger twice. Nothing happened the first time. The second time a bullet shot out into Wilson's head.
"It is not about the right to use firearms. It isn't even really about the unusual sexual habits of the people in this case. This case is about whether or not it is reckless or criminally negligent to put a gun to another person's head and pull the trigger in the name of sex play", Assistant Attorney General Lisa Marchese told jurors during her opening statement.
The defense claims Wilson wanted the gun put to his head for a more intense sexual experience. Lavallee Davidson's lawyer told jurors his client checked the gun three times that night and it was empty. He even suggested that Wilson put the bullet in the gun when Lavallee Davidson left the room to go to the bathroom.
"The gun was unloaded when he left the room. Sadly the gun was loaded when he returned. The only person in the room that was in a position to load the gun was Fred Wilson", attorney Mike Whipple told jurors.
Both sides told jurors to prepare for some sexually graphic testimony in the trial that may make them feel very uncomfortable at times. Testimony continues Tuesday morning.