State v. Bier
Supreme Court of Montana
591 P.2d 1115 (1979)
Mr. Bier (defendant) and his wife had been drinking and got into an argument; when he tried to leave the bedroom, she blocked his way. Bier pulled his gun from its holster, cocked it, threw it on the bed, and told his wife that if she wanted to stop him from leaving she'd have to shoot him. She grabbed the gun and pointed it at her own head; Bier grabbed or slapped at it trying to redirect its aim, and it discharged, killing her. Bier was convicted of negligent homicide and appealed, arguing the state failed to prove he consciously disregarded a risk to her life.
Whether a defendant may be convicted of negligent homicide for providing the victim with a loaded gun where there was a foreseeable risk she would use it to harm herself or him.