Dallas Police Officer goes home to the wrong apartment, kills man inside !!

Totally agree, but...

I know you know that damned Castle Doctrine gives people the impression that shooting first and asking questions later is the right course of action. I wish they would require something like a “reasonable perception of a credible threat.”

Do you think that would help, leaving it to the jury decide if the actions of the shooter were reasonable, TTH? I’ve long thought that without an imminent threat of violence, there should be a duty to retreat. Originally Posted by B Three

Who knows. People in Texas glorify violence generally. But I agree there absolutely should be a duty to retreat. I’m all for changing the law as much as we can. But I fear even if we do, jury nullification will still be a problem. But here, that sort of sentiment kicks as hard as it shoots. The victim was the one in his home thus time.

...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!". Originally Posted by Scribe

just a reminder for future posts here.. she SAID she thought it was her apartment.. that doesn't make it so. unfortunately there is nobody around to refute that, and she was given 3 days to concoct her story.

by the way, I left Blue Spa 2 hours ago, and cut down Walnut Hill, and between Harry Hines and Shady Trail, there must have been 3 groups of Whores.. all of them looked GOOD, but all were shadowy figures. it wasn't lost on me that the Cop chose to shoot at her shadowy figure, while I wanted to draw closer and soak in these ladies, LOL

So far Fact known she shot at a large shadow, from 12-15 feet away . Maybe if she wasn't a small woman or worked 15 hours we can do the "what ifs " all day long. ( maybe she was a EEOC hire ) I'll put that in the mix? Originally Posted by rexdutchman

speaking of agendas....

just a reminder for future posts here.. she SAID she thought it was her apartment.. that doesn't make it so. unfortunately there is nobody around to refute that, and she was given 3 days to concoct her story.

by the way, I left Blue Spa 2 hours ago, and cut down Walnut Hill, and between Harry Hines and Shady Trail, there must have been 3 groups of Whores.. all of them looked GOOD, but all were shadowy figures. it wasn't lost on me that the Cop chose to shoot at her shadowy figure, while I wanted to draw closer and soak in these ladies, LOL Originally Posted by Chung Tran

CT - I'm 100% in agreement. Everything we all write is speculation, we weren't there.

...I think

This horrible incident IS NOT RACIST OR POLITICAL like the social justice activist are just pushing Outrage for their agenda. Really could have been anyone. ( Even Orourke is get into the picture now just outrageous ).
Its about a bad cop bad training, supervision hiring, working to long etc , the city of Dallas should be held liable.
Justice will occur may take some time ( you can have it fast and she wins at trial , or good , can't have it both ways , just my opinion.... Originally Posted by rexdutchman

Totally agree with this statement. The racial / political issue is what happens next. There’s too many cases where cops should get prosecuted based on bad judgment and are not. And that has everything to do with race. In my heart, I would not be surprised if she got off. And if a black man entered a white woman’s house and killed her “by mistake”, there is no way he gets off.

By the way, I’m still waiting on toxicology results to see if Ambien was involved. Originally Posted by B Three

How does the guys pot come out immediately but the toxicology reports are nowhere to be found. Kind of surprised the 911 tape is not out yet either. Too fishy . . .

we know the distance, but we only have the Cop's story regarding the shadowy figure, I believe. I haven't heard even the slightest insinuation that he may have been armed, even from the Cop's affidavit.

seems to me she has 2 items a Jury might give her favor.

1. she is a Police Officer, who by reason of her position may be given benefit of doubt

2. the Castle Doctrine, if metered out to the letter of the law, might save her, if her affidavit tale holds up (I don't think it will) Originally Posted by Chung Tran

Shouldn’t 1 work against her because she should have used better judgment due to her training? IJS

It seems to me in almost any situation where “we’re awaiting toxicology reports”, it takes 3 weeks or more to here about them.

I’ve seen cases where they don’t come out for months, which is BS.

It should be first priority.

How does the guys pot come out immediately but the toxicology reports are nowhere to be found. Kind of surprised the 911 tape is not out yet either. Too fishy . . . Originally Posted by Barrymccockinner

https://www.wfaa.com/article/news/im.../287-595990958

+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. Originally Posted by Scribe

That's not how murder is on the books in Texas penal code.

just a reminder for future posts here.. she SAID she thought it was her apartment.. that doesn't make it so. unfortunately there is nobody around to refute that, and she was given 3 days to concoct her story. Originally Posted by Chung Tran

I thought that there were neighbors who said she was heard banging and screaming to let her in. That does contradict that she said she found the door open or ajar, no?

Apparently the one neighbor that was in the best position to hear disputes those other accounts. We’ll see if those stories remain unchanged once this goes to trial.

I thought that there were neighbors who said she was heard banging and screaming to let her in. That does contradict that she said she found the door open or ajar, no? Originally Posted by grean

That's apparently what one person said, several days after the shooting.


Who in their right mind would find that believable? You walk up to your apartment door, where you've been living for a few weeks, put your key card in, and the door doesn't unlock. Your apartment should be empty. Why would you start banging on the door or saying "let me in"? I think 100% of people would try the key again, or step back and make sure they're at the right apartment.

Totally agree with this statement. The racial / political issue is what happens next. There’s too many cases where cops should get prosecuted based on bad judgment and are not. And that has everything to do with race. In my heart, I would not be surprised if she got off. And if a black man entered a white woman’s house and killed her “by mistake”, there is no way he gets off. Originally Posted by Barrymccockinner

You hit the nail right on the head. The BLM thing and Kneeling, is not about racist folks committing crimes on blacks. It is about blacks not being given a fair shake in the judicial system. That being said I wish more whites would stand up to dirty cops. In this case they would play the same games to save her if he was white I imagine.