Officer Invades Apartment, Shoots Resident

[Killadocg23]

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]

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

Trial starts for former police officer.

[Paladin]

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?

[philip964]

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?

[WildBill]

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/

[SigM4]

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.

[Redneck_Buddha]

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

[DynamicDan]

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

[philip964]

News was saying 15 hour shift.

[03Lightningrocks]

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

[flechero]

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]

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.

[srothstein]

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.

[carlson1]

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.

[talltex]

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 !!