Can I get it as soon as possible

People v Thomas Mayta

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A man who pulled out a loaded gun at a Hillcrest bar was convicted of second-degree murder yesterday in the shooting of a bystander who was killed when the gun went off during a struggle.

Thomas Mayta, 46, a civilian employee of the Navy, faces more than 50 years to life in prison. The prosecution said Mayta fired the gun but missed his intended target, another man who had rejected his advances.

Mayta's attorney said the gun discharged accidentally as Mayta and the man who rejected him struggled for control of the weapon.

Greg Hisle, 34, an off-duty bartender and regular patron of The Loft, died instantly. He had been playing a video game in the bar when he was struck by a bullet shortly after midnight Dec. 18, 2000.

The San Diego Superior Court jury also convicted Mayta of attempting to murder Peter Blasik, the man who rejected him. Prosecutor Carol Buck argued that Mayta fired the gun at Blasik but missed, hitting Hisle instead.

Buck said Mayta had been in a bad mood that night because he had been drinking and had recently broken up with his longtime boyfriend.

"I had a very smart jury," she said after yesterday's verdict, which was returned after one day of deliberations. "They did the right thing."

Mayta's attorney, Deputy Public Defender Courtney Cutter, said her client didn't intend to shoot anyone. She asked the jury to convict him of involuntary manslaughter, which carries significantly less prison time.

"I find it really hard to believe they could find beyond a reasonable doubt that it went off intentionally under the circumstances," she said.

Jurors couldn't be reached for comment after the verdict.

Using the Canadian Criminal code, write up a Ratio Decidendi of a Dissent for the case based on how the evidence presented in this trial matches or does not match the sections of the Criminal Code posted in the classroom