North FL’s Highest Court: Man Committed Attempted 2nd Degree Murder When He Shot Girlfriend Through Door

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal held that a man  who accidentally shot his girlfriend after a heated argument with her, was guilty of attempted second-degree murder – as he acted with a “depraved mind.”

In Florida, second-degree murder and attempted second-degree murder are very serious offenses. For someone to be guilty of second-degree murder, the State must prove the following beyond a reasonable doubt: 

• The victim is dead
• The death was caused by the criminal act of the defendant
• There was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life

Second-degree murder is typically a first-degree felony, punishable by up to 30 years in prison and a $10,000 fine. However, if a firearm is used in the commission of the offense, it carries a sentence of up to life in prison under Florida’s 10-20-Life law (Fla. Stat. 775.087).

Attempted second-degree murder has similar, but distinct elements.

For someone to be guilty of attempted second-degree murder in Florida, all of the following must be proven beyond a reasonable doubt: 

• The defendant intentionally committed an overt act that could have but did not result in the death of a victim 
• The act was imminently dangerous to another (other than the perpetrator) and demonstrated a depraved mind without regard for human life
• The overt act went beyond “mere preparation”

Attempted second-degree murder is a second-degree felony if no firearm is involved, punishable by up to 15 years in prison and a $10,000 fine. However, under the 10-20-Life law, it can carry a sentence of up to life in prison if a firearm was used and a victim was injured as a result.

Note: There is significant legal controversy surrounding the constitutionality of Florida’s attempted second-degree murder law. For more, click here.

You may notice as you review these elements that a requirement of proving both second-degree murder and attempted second-degree murder is establishing that the defendant acted with a “depraved mind.” This term has been the topic of copious legal debate among advocates and jurists in Florida.

Per Holmes v. State, 278 So. 3d 301 (Fla. 1st DCA 2019), an act done with a “depraved mind” involves all of the following:

• A person of ordinary judgment would know the act is reasonably certain to kill or do serious bodily to another
• It is done from ill will, hatred, spite, or evil intent
• It is of such a nature that the act itself indicates an indifference to human life

This mindset (also known as mens rea) is required to be established for someone to be convicted of second-degree or attempted second-degree murder – as opposed to a “heat of passion” crime, such as manslaughter and attempted manslaughter by act. 

Sometimes, a defendant will move to dismiss second-degree murder or attempted second-degree murder charges in Florida (either pretrial or at trial through a motion for judgment of acquittal) as a matter of law. A common argument in support of dismissal is that the defendant did not act with a “depraved mind” (e.g. ill will, spite, evil intent).

If this occurs, the trial judge can either grant the motion to dismiss or motion for judgment of acquittal – or deny it. If this is denied and the defendant is later convicted, the issue of whether they truly acted with a “depraved mind” is preserved for appellate review.

In a major case recently decided by Florida’s 1st District Court of Appeal (Tallahassee and North Florida’s highest court), a man was accused of shooting his girlfriend in a fit of anger during an argument, while she was in the bathroom. 

Though the man testified he did not intend to shoot her and could not see her at the time the shots were fired, he was nevertheless convicted of attempted second-degree murder – as the jury found he acted with a “depraved mind” when he discharged his firearm. Convinced that the jury verdict was erroneous as a matter of law, he appealed to the 1st DCA. 

Let’s take a look at that case – Mooney v. State, 403 So.3d 407 (Fla. 1st DCA 2025) – and what it means for defendants in Florida accused of second-degree murder and attempted second-degree murder.

KEY CASE: Mooney v. State, 403 So.3d 407 (Fla. 1st DCA 2025) 

In Mooney, the defendant (Mooney) was charged with attempted second-degree murder of his girlfriend with a firearm. He was convicted and sentenced to life in prison, pursuant to Florida’s 10-20-Life law and Prisoner Releasee Reoffender (PRR) statutes.

At trial, the evidence revealed that Mooney had a longtime girlfriend, who he lived with in a small trailer (camper) in Dixie County. The camper had a bed on one end, a bathroom on the other, and a kitchen area in between. A curtain separated the bathroom from the rest of the camper’s interior.

One morning, Mooney and his girlfriend got into a heated argument after Mooney had consumed half a gallon of whiskey and she had smoked methamphetamine. Mooney was speaking with his ex-wife on the phone, and his girlfriend allegedly grew jealous. 

After the victim made a series of hostile comments, she stormed off to the bathroom and shut the curtain. According to Mooney’s statement in a post-Miranda interview, he grew angry that she had “gotten slick at the mouth,” grabbed his gun, and fired in his girlfriend’s direction. 

Though she was not directly struck by the bullet, a piece of the camper’s wall fragmented and struck her head. Law enforcement was called, and Mooney was ultimately charged with (and convicted of) attempted second-degree murder.

At trial, Mooney moved for a judgment of acquittal (MJOA) on the grounds that his actions were rooted in impulsivity (e.g. “heat of passion”), and that he was not acting with a “depraved mind” when he fired his gun. Because of this, he could not be guilty of attempted second-degree murder as a matter of law. However, the trial judge denied the MJOA, and Mooney was found guilty.

On appeal to Florida’s 1st DCA, Mooney reiterated his argument that the State did not provide evidence sufficient to establish he acted with a “depraved mind.” But the 1st DCA disagreed, affirming Mooney’s convictions and life sentence for attempted second-degree murder. 

The 1st DCA began by discussing case law on the issue of what constitutes a “depraved mind” in Florida, writing:

“An act establishes a depraved mind when “(1) a person of ordinary judgment would know that it is reasonably certain to kill or cause serious bodily injury, (2) it is done from ill will, hatred, spite, or an evil intent, and (3) it is of such a nature that the act itself indicates an indifference to human life.” Ford v. State, 390 So. 3d 1238, 1239 (Fla. 1st DCA 2024). Mooney argues here what he argued below—that the State did not establish that he committed his act with ill will, hatred, spite, or an evil intent.”

Recounting the facts of the case, the 1st DCA concluded that there was enough evidence for a reasonable jury to find Mooney acted a depraved mind when he discharged his firearm in the direction of his girlfriend:

“We find sufficient evidence supporting the trial court’s ruling. Circumstantial evidence can be sufficient to prove the requisite mental state for attempted second-degree murder. … Given Mooney’s interview at the Sheriff’s Office, there is little factual dispute over the circumstances of the incident. On the morning of the shooting, Mooney and the victim were at home in their camper. The victim grew jealous because Mooney was talking with his ex-wife on the phone, and the couple began to argue. The victim went to the bathroom and closed the opaque privacy curtain behind her. 

“While in the bathroom, the victim got “slick at the mouth,” and “that slick mouth pissed [Mooney] off.” Mooney then purposely picked up his pistol and shot it in her direction. Mooney knew that the victim was in the bathroom, and he could not see the other side of the privacy curtain. He claimed he wanted “to get her attention” but did not mean to strike her. He claimed that she “got too close to the fire” and “was a lot closer than [he] thought she would have been.” During the interview, Mooney did not express much concern about the victim, minimizing the incident by explaining he did not think she would die because “it was just a [bullet] fragment.” He did, however, describe himself during the interview as “the baddest motherfucker … in Dixie County.” 

“Looking at this evidence in the light most favorable to the State, we conclude that the jury could reasonably find that Mooney shot the victim out of ill will, spite, hatred, or evil intent. … The victim’s testimony at trial that Mooney was “gentle” and had never hurt her before does not affect our analysis, as it is the jury’s role to weigh the evidence. Because the State’s evidence supported each element of attempted second-degree murder, the trial court properly denied Mooney’s motion for judgment of acquittal.”

In sum, Mooney v. State, 403 So.3d 407 (Fla. 1st DCA 2025) is a significant development in Florida’s corpus of case law on the issue of whether someone acted with a “depraved mind” in second-degree murder and attempted second-degree murder cases. The 1st DCA concluded:

• Mooney committed an intentional act that was imminently dangerous to his girlfriend’s life
• The act itself, as well as his statements to police after his arrest, indicated that he did have “ill will, spite, hatred, or evil intent” towards the victim at the time he fired his gun in her direction (in a confined space)
• As a result, there was sufficient evidence for a jury to reasonably conclude Mooney had committed attempted second-degree murder – requiring affirmation of his conviction and life sentence 

Florida’s criminal defense community should take note of Mooney v. State, 403 So.3d 407 (Fla. 1st DCA 2025), as it is an excellent example of how courts evaluate a defendant’s mens rea in second-degree murder and attempted second-degree murder cases.

If someone is concerned about being charged with murder, manslaughter or a related offense, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting criminal charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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