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Dallas officer enters apartment she mistakes for her own, fatally shoots man inside

Maccabee said:
And I agree. Though, with all this talk about mansluaghter, what happens if I'm driving down the road at 60 mph acvording to the speed limit, completely sober and aware of my surroundings, and all of a sudden some guy jumps in front of me and there's no way I could avoid hitting him and he dies? Would I be charged with manslaughter? This isn't related to the shooting. It's just something that I had in my mind.
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I know a lady that happened to, some guy jumped in front of her car.
She said it was ruled an involuntary homicide, and there were no charges.
This was in the 1950's and the guy had told people he was going to kill himself by jumping in front of a car.
I think this case if it is plead down from murder will be manslaughter, if the DA is feeling kind, maybe negligent homicide.
I think manslaughter could be sold easily to a Jury.
Sec. 19.04. MANSLAUGHTER. (a) A person commits an offense if he recklessly causes the death of an individual.
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Her actions were reckless, and someone was killed as a result.
I think for Murder, they would have to show intent.
 
Maccabee said:
And I agree. Though, with all this talk about mansluaghter, what happens if I'm driving down the road at 60 mph acvording to the speed limit, completely sober and aware of my surroundings, and all of a sudden some guy jumps in front of me and there's no way I could avoid hitting him and he dies? Would I be charged with manslaughter? This isn't related to the shooting. It's just something that I had in my mind.
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No, I don't believe so. You shouldn't be held at fault for someone else's bad actions.
 
longview said:
I am not sure the public will have much input.
The DA will look to get the highest charge possible.
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm
Looking at the penal code, murder might stick, but the question would be if she intended to kill him when she
went to his door. For most people have a gun on her would show intent, but she was a police officer in uniform,
which includes a gun.

I think proving intent for murder, might be too risky to hand to a Jury.
I think manslaughter would be the safer bet, and likely could be a plea agreement.
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I agree with your assessment. My concern is without an actual trial, the people will scream foul. No matter the plea deal.
 
Lord of Planar said:
I agree with your assessment. My concern is without an actual trial, the people will scream foul. No matter the plea deal.
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Lmao, I wonder why?

It couldn't be a series of cases where literally any and every action a person takes could be used to justify killing them.

People will probably see this in a vacuum and not in the context of 2-3 dozen cases (from this decade alone) where anything from telling a cop you were legally carrying a gun, to carrying what cops thought was a gun could be used to justify a killing.

Now, we have reached the logical conclusion, where a man can be in his house; you have people arguing that it was all a mistake; theyre working out the best plea out for a trespasser who killed a man in his own home.

That speaks volumes to people who've argued that there is a two tier system for decades.

;)


Sent from Trump Plaza's basement using Putin's MacBook.
 
Lord of Planar said:
I agree with your assessment. My concern is without an actual trial, the people will scream foul. No matter the plea deal.
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I think the plea deal will need to include some time in prison, otherwise it will look like she is getting a pass on the killing.
 
longview said:
I know a lady that happened to, some guy jumped in front of her car.
She said it was ruled an involuntary homicide, and there were no charges.
This was in the 1950's and the guy had told people he was going to kill himself by jumping in front of a car.
I think this case if it is plead down from murder will be manslaughter, if the DA is feeling kind, maybe negligent homicide.
I think manslaughter could be sold easily to a Jury.

Her actions were reckless, and someone was killed as a result.
I think for Murder, they would have to show intent.
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Given that it appears should filed noise complaints about the person upstairs (ie the person killed), and the differences in the exterior of the apartments I expect intent it was not a mistake that she was at his apartment. She may not have gone up to shoot him, but to tell him to cut out the noise, when he said blow off, she blew him away.
 
Maccabee said:
And I agree. Though, with all this talk about mansluaghter, what happens if I'm driving down the road at 60 mph acvording to the speed limit, completely sober and aware of my surroundings, and all of a sudden some guy jumps in front of me and there's no way I could avoid hitting him and he dies? Would I be charged with manslaughter? This isn't related to the shooting. It's just something that I had in my mind.
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Generally no

Provided you stopped, provided any help you could to the person hit. If you drove home with the person half in your windshield and half on your hood, parked your car in the garage, waited until they died, and you sobered up, you would be charged (yes that has happened)
 
Lord Tammerlain said:
Given that it appears should filed noise complaints about the person upstairs (ie the person killed), and the differences in the exterior of the apartments I expect intent it was not a mistake that she was at his apartment. She may not have gone up to shoot him, but to tell him to cut out the noise, when he said blow off, she blew him away.
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Yeah, she files a noise complaint the day of, doesn't get lost on the way to her apartment until she's 30 feet away, and it just so happens to be the same apartment of the neighbor she filed a noise complaint about, and he ends up shot?

BS.

Sent from Trump Plaza's basement using Putin's MacBook.
 
Lord Tammerlain said:
Given that it appears should filed noise complaints about the person upstairs (ie the person killed), and the differences in the exterior of the apartments I expect intent it was not a mistake that she was at his apartment. She may not have gone up to shoot him, but to tell him to cut out the noise, when he said blow off, she blew him away.
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That sounds plausible, but for showing intent, I think they would need to show she went up there with deadly intent,
and I think that will be tricky, since she is supposed to carry the gun, while in uniform.
I do not think they will go for murder because of the intent angle, unless they can show some other factor.
 
longview said:
I think the plea deal will need to include some time in prison, otherwise it will look like she is getting a pass on the killing.
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I would hope some prison time is given. She went to someone else's apartment and shot them, killing that person. Could you imagine the prbloodbath that will occur if no jail time is given. Everyone who really wishes a neighbor would just die, will have a precedent set on how to do it and get away with it
 
longview said:
That sounds plausible, but for showing intent, I think they would need to show she went up there with deadly intent,
and I think that will be tricky, since she is supposed to carry the gun, while in uniform.
I do not think they will go for murder because of the intent angle, unless they can show some other factor.
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It would be like shooting your wife for burning dinner. Whatever the charge and conviction a person would get for that, is what she should get for killing this guy
 
Lord Tammerlain said:
I would hope some prison time is given. She went to someone else's apartment and shot them, killing that person. Could you imagine the prbloodbath that will occur if no jail time is given. Everyone who really wishes a neighbor would just die, will have a precedent set on how to do it and get away with it
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I do not think it would set a precedent because most people would think she got off because she was a cop.
Right or wrong that perception could cause riots.
I think unless she is found not guilty by a jury, any plea needs to involve jail time.
 
longview said:
I think the plea deal will need to include some time in prison, otherwise it will look like she is getting a pass on the killing.
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Yes, but they would have to make it hurt, or they look bad.
 
longview said:
That sounds plausible, but for showing intent, I think they would need to show she went up there with deadly intent,
and I think that will be tricky, since she is supposed to carry the gun, while in uniform.
I do not think they will go for murder because of the intent angle, unless they can show some other factor.
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Yep. Even if they believe she did it because of murder, they need actual evidence.
 
Lord Tammerlain said:
I would hope some prison time is given. She went to someone else's apartment and shot them, killing that person. Could you imagine the prbloodbath that will occur if no jail time is given. Everyone who really wishes a neighbor would just die, will have a precedent set on how to do it and get away with it
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I agree. If the facts are as we know them now at least. No private citizen making 6 figures or less would get away with the same thing.
 
Manslaughter in Texas is a 2nd degree felony with incarceration time of 2-20 years. The prosecutor does not have to prove criminal intent or premeditation.
 
Do you believe that a regular citizen would not have to serve jail time for killing a person in their home because they thought it was their home?
 
Rogue Valley said:
Manslaughter in Texas is a 2nd degree felony with incarceration time of 2-20 years. The prosecutor does not have to prove criminal intent or premeditation.
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How do you feel the people would feel if she pleaded for only the two. Wait... I'll bet there is a discount taken off for plea deals, and with 2 years, it night be zero years!
 
How many people would feel betrayed by our system if she got off for time served.
 
Lord of Planar said:
I agree with your assessment. My concern is without an actual trial, the people will scream foul. No matter the plea deal.
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I don't think a regular citizen would be able to get a plea deal that wouldn't include jail time. So she shouldn't be able to either, whether or not she's an officer.
 
Lord of Planar said:
How many people would feel betrayed by our system if she got off for time served.
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I would. That would be the most clear sign that we have a multi-tier justice system that is far from blind.
 
Lord of Planar said:
I would too, and I'm right leaning.
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Just so you know, I don't hold the idea that right leaning people don't hold justice as a value. In fact, I believe those on the right have just as much invested in equal justice as a left leaning person.

If this woman gets off with no time, justice is broken in America for ALL OF US.

Hopefully, justice will be properly served.
 
Tettsuo said:
Just so you know, I don't hold the idea that right leaning people don't hold justice as a value. In fact, I believe those on the right have just as much invested in equal justice as a left leaning person.

If this woman gets off with no time, justice is broken in America for ALL OF US.

Hopefully, justice will be properly served.
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I think its entirely possible she gets no jail time..or a suspended sentence... and probation. IF she pleads to a lesser charge than manslaughter.. that's possible.

IF she takes it to a jury... she is found not guilty.
 
Lord Tammerlain said:
Generally no

Provided you stopped, provided any help you could to the person hit. If you drove home with the person half in your windshield and half on your hood, parked your car in the garage, waited until they died, and you sobered up, you would be charged (yes that has happened)
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Good thing I don't drink, then.
 
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