The San Diego County Deputy District Attorney said there is no evidence to conclude that a California man, who allegedly killed his girlfriend with a homemade cannon, intentionally meant to harm his girlfriend.

Richard Dale Fox is facing first-degree murder charges even though Deputy District Attorney C.J. Mody said there was no evidence of homicide, according to ABC.

Fox, 39, pleaded not guilty on Thursday in the murder of his 38-year-old girlfriend, Jeanette Ogara. Ogara died instantly from shrapnel from a homemade cannon that was shot through the couple's trailer in Potrero, San Diego County last Tuesday, reported ABC.

The fact that the prosecutor is saying we don't think this is intentional makes you wonder, well then, why did they feel the need to pursue a murder charge? ABC News legal analyst Dan Abrams said today on Good Morning America.

Authorities said that Fox was with Ogara and three males in their trailer around 11:30 p.m. last Monday. He went outside and ignited his homemade cannon, reported KGTV.

The tube itself shattered and sent shrapnel flying through the air, Mody said, according to KGTV. One piece of shrapnel flew through the siding on the trailer and Ms. Ogara, who was seated inside the trailer, was hit by the shrapnel in the upper chest area and she died moments thereafter.

Mody also said the device was not aimed at the trailer.

The tube itself shattered and sent shrapnel flying through the air, Mody said, according to KGTV. One piece of shrapnel flew through the siding on the trailer and Ms. Ogara, who was seated inside the trailer, was hit by the shrapnel in the upper chest area and she died moments thereafter.

The couple's 4-year-old daughter was sleeping in the trailer, but was not injured. Neither was Mody's three friends. Fox, however, received a shrapnel wound in his leg and was treated at a nearby hospital.

Fox called police immediately after he saw what happened. On the 911 tape, he can reportedly be heard crying and he describes to the operator that his girlfriend's death was an accident. Fox later said that he was extremely sorry and wished it was him who had perished, reported ABC.

In addition to murder, Fox is also being charged with causing a death by explosives and child endangerment. He could potentially face life in prison without parole.

I am worried about him, said friend Toni Duran, according to KGTV. He needs all the support he can have right now.