Officer Invades Apartment, Shoots Resident

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Killadocg23
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Re: Officer Invades Apartment, Shoots Resident

#181

Post by Killadocg23 » Sun Dec 02, 2018 1:39 am

buzzkill wrote:
Sat Dec 01, 2018 1:53 pm
cirus wrote:
Fri Nov 30, 2018 8:01 pm
03Lightningrocks wrote:
Fri Nov 30, 2018 3:36 pm
She needs to be in jail in my humble opinion. Hopefully she gets what she deserves.
Which is what?
The same a black guy would get if he walked into a white cop's home and shot them dead.
Truth didn’t wanna go there but I am willing to bet this situation would have been handled differently if this were the scenario.


philip964
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Re: Officer Invades Apartment, Shoots Resident

#182

Post by philip964 » Sat Sep 07, 2019 2:28 pm

https://news.yahoo.com/trial-opens-us-c ... 44440.html

Trial starts for former police officer.

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Paladin
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Re: Officer Invades Apartment, Shoots Resident

#183

Post by Paladin » Sun Sep 08, 2019 11:35 am

philip964 wrote:
Sat Sep 07, 2019 2:28 pm
https://news.yahoo.com/trial-opens-us-c ... 44440.html

Trial starts for former police officer.
Thanks for the update! One year later it seems they have not yet released blood alcohol or drug test results?
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philip964
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Re: Officer Invades Apartment, Shoots Resident

#184

Post by philip964 » Mon Sep 23, 2019 11:14 am

Trial starting.

Charged with murder not manslaughter.

Prosecutors said she did not know the man.

You park on the level of your apartment, she parked on the wrong level.

Just finished what was described as an illegal 12 hour shift.

Went to the door presented her electronic key and pushed the door open. The door apparently was not latched.

Can you be found not guilty of murder and escape manslaughter? Overcharged?

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WildBill
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Re: Officer Invades Apartment, Shoots Resident

#185

Post by WildBill » Mon Sep 23, 2019 11:26 am

philip964 wrote:
Mon Sep 23, 2019 11:14 am
Trial starting.

Charged with murder not manslaughter.

Prosecutors said she did not know the man.

You park on the level of your apartment, she parked on the wrong level.

Just finished what was described as an illegal 12 hour shift.

Went to the door presented her electronic key and pushed the door open. The door apparently was not latched.

Can you be found not guilty of murder and escape manslaughter? Overcharged?
IANAL, but here is a guideline for Lesser-Include offenses.
https://jamespublishing.com/2014/texas- ... nse-chart/
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SigM4
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Re: Officer Invades Apartment, Shoots Resident

#186

Post by SigM4 » Mon Sep 23, 2019 11:29 am

Very much overcharged. She should have been charged with manslaughter. In my opinion the DA overreached. When she’s found not guilty it will not end well for the people of Dallas. I expect riots.

Of course what do I know, I’m not a lawyer.
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Redneck_Buddha
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Re: Officer Invades Apartment, Shoots Resident

#187

Post by Redneck_Buddha » Mon Sep 23, 2019 12:07 pm

I believe she can be found guilty of lesser charges, but that won't stop the riots when the manslaughter verdict comes down.


DynamicDan
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Re: Officer Invades Apartment, Shoots Resident

#188

Post by DynamicDan » Mon Sep 23, 2019 2:05 pm

The apartment had a welcome mat hers didn't and the numbers are on the door.


philip964
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Re: Officer Invades Apartment, Shoots Resident

#189

Post by philip964 » Mon Sep 23, 2019 4:28 pm

News was saying 15 hour shift.

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03Lightningrocks
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Re: Officer Invades Apartment, Shoots Resident

#190

Post by 03Lightningrocks » Mon Sep 23, 2019 5:53 pm

It seems to me man slaughter is a given. But one never knows what a jury is going to do.


flechero
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Re: Officer Invades Apartment, Shoots Resident

#191

Post by flechero » Mon Sep 23, 2019 6:12 pm

It doesn't matter if it was 12 or 15 hrs... if able to drive yourself home and carry a gun, you should be able to tell you aren't really home, IMO.


dlh
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Re: Officer Invades Apartment, Shoots Resident

#192

Post by dlh » Mon Sep 23, 2019 7:24 pm

Would like to read the eventual charge submitted to the jury in this case. Is there such a thing as "castle doctrine mistake of fact?" If so, I have never heard of it--maybe there is precedent, not sure.
The jury could go two ways on this--one--believing the officer should be held to a higher standard of situational awareness than an average citizen and reflecting that in its verdict--or--two---juries are known to give officers the "benefit of the doubt" in tough cases. Who knows? So--stay tuned.
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srothstein
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Re: Officer Invades Apartment, Shoots Resident

#193

Post by srothstein » Mon Sep 23, 2019 11:18 pm

philip964 wrote:
Mon Sep 23, 2019 11:14 am
Can you be found not guilty of murder and escape manslaughter? Overcharged?
No, manslaughter is a lesser included offense of murder. The two relevant sections of the Code of Criminal Procedure are:
Art. 37.08. CONVICTION OF LESSER INCLUDED OFFENSE. In a prosecution for an offense with lesser included offenses, the jury may find the defendant not guilty of the greater offense, but guilty of any lesser included offense.

Art. 37.09. LESSER INCLUDED OFFENSE. An offense is a lesser included offense if:
(1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged;
(2) it differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest suffices to establish its commission;
(3) it differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission; or
(4) it consists of an attempt to commit the offense charged or an otherwise included offense.
And I agree that murder is an overreach but manslaughter seems like a slam dunk to me, based on news reports and what we (the public) know so far. My guess is they could not agree on the penalty for a guilty plea and the murder charge is an attempt to convince her.
Steve Rothstein

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carlson1
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Re: Officer Invades Apartment, Shoots Resident

#194

Post by carlson1 » Mon Sep 23, 2019 11:23 pm

srothstein wrote:
Mon Sep 23, 2019 11:18 pm
And I agree that murder is an overreach but manslaughter seems like a slam dunk to me, based on news reports and what we (the public) know so far. My guess is they could not agree on the penalty for a guilty plea and the murder charge is an attempt to convince her.
I agree and that is what The Texas Rangers said Manslaughter, but once again the Dallas Politician who dislike Police decided to do something different. I just wished it cost the DA for overreaching.
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Re: Officer Invades Apartment, Shoots Resident

#195

Post by talltex » Tue Sep 24, 2019 10:25 pm

flechero wrote:
Mon Sep 23, 2019 6:12 pm
It doesn't matter if it was 12 or 15 hrs... if able to drive yourself home and carry a gun, you should be able to tell you aren't really home, IMO.
DING...DING...DING !! :thumbs2:
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"The race may not always go to the swift or the battle to the strong, but that's the way the smart money bets" Damon Runyon

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