How would a cop know if there was or wasn’t anyone in danger in this instance? They don’t know, unless the homeowner is hiding in a closet on the phone with 911.. She fucked up.. I guess the investigation will determine how bad, and why.. She also could’ve gone up there to confront him about loud music or some other stuff that was bothering her, since she lived directly below him.. we will find out when they figure it out.
Originally Posted by billyjames
+100 billy
...remember the situation. She thought it was HER apartment... this wasn't someone saying "Hey officer, I saw a guy break in and he might still be in there!".
You go home and find your apartment door ajar. I know it's dumb, but the first thing you do is go "WTF? Did I forget to lock the door?" and you open it and walk in.
Also, while I read her "justification" of "the events and how they transpired"... I'm really not hearing her or anyone saying "Oh, Because of this she should be acquitted!"...
It's reading like she is saying "This is what happened. Yes, it DID happen. Yes, I know I killed this man. And Yes, I expect charges to be filed against me for this."
She can't "charge herself"... it's up to the D.A. to do that. They decide (or a Grand Jury) on the charges, and it goes to court.
It reads as manslaughter... not murder. I'm sure she will be charged, and found guilty.
but:
Manslaughter in Texas is a second degree felony. This charge will typically carry a sentence of between two and twenty years in a state prison and/or a fine of no more than $10,000.
and...
Murder in Texas is a first degree felony. This charge will typically carry a sentence of between five and 99 years in a state prison and/or a fine of no more than $10,000. At the sentencing stage of the defendant's trial, the defendant can raise the issue of having committed the crime in the "heat of passion" arising from an adequate cause.
so, even if it's Manslaughter she can get 20 years, and even if it's murder she can get 5.
...my bet, they will give "Manslaughter with 2-5 years".
murder
n. the killing of a human being by a sane person, with intent, malice aforethought (prior intention to kill the particular victim or anyone who gets in the way), and with no legal excuse or authority. In those clear circumstances, this is first degree murder. By statute many states make killings in which there is torture, movement of the person (kidnapping) before the killing, as an incident to another crime (as during a hold-up or rape), and the death of a police officer or prison guard all first degree murders with or without premeditation, and with malice presumed. Second degree murder is such a killing without premeditation, as in the heat of passion or in a sudden quarrel or fight. Malice in second degree murder may be implied from a death due to the reckless lack of concern for the life others (such as firing a gun into a crowd, or bashing someone with any deadly weapon). Depending on the circumstances and state laws, murder in the first or second degree may be chargeable to a person who did not actually kill, but was involved in a crime with a partner who actually did the killing or someone died as the result of the crime. (Example: In a liquor store stick-up in which the clerk shoots back at the hold-up man and kills a bystander, the armed robber can be convicted of at least second degree murder. To be murder the victim must die within a year of the attack. Death of an unborn child who is "quick" (fetus is moving) can be murder, provided there was premeditation, malice, and no legal authority. Thus, abortion is not murder under the law. (Example: Jack Violent shoots his pregnant girlfriend, killing the fetus). Manslaughter, both voluntary and involuntary, lacks the element of malice aforethought.
