A man in Maine is on trial for manslaughter after a gun he introduced into sex play with two other men resulted in an unintentional death during a dungeon session of drugs, rough sex, and Russian roulette.

According to the Associated Press, prosecutors in Portland say defendant Bruce Lavallee-Davidson, a Dartmouth-educated organic farmer who once testified in favor of the state’s now overturned gay marriage law, failed in his responsibility to ensure that his gun was not loaded when used during a sex session last April with the victim, Fred Wilson, and witness James Pombriant.

“The fatal shooting happened after the three men had been smoking pot, drinking beer, huffing aerosol inhalants and having sex over a 12-hour period in the basement of Wilson's Colonial home in a middle-class neighborhood two blocks from the ocean,” reported the AP.

However, attorneys for Lavallee-Davidson argue that the death at Wilson’s Portland-area home on April 18 was an accident.

“One of his lawyers, Mike Whipple, says his client checked three times over the course of the night to make sure the .44-caliber Rossi revolver wasn't loaded,” reports the AP. “Whipple contends it's likely Wilson loaded the gun while Lavallee-Davidson briefly stepped away to use the bathroom.”

Pombriant was engaged in a sex act with the victim when the shot rang out.

Lavallee-Davidson and Pombriant left Wilson’s body in the home over the course of the day before reporting the death to police that night.