Officer Invades Apartment, Shoots Resident

[cirus]

She needs to be in jail in my humble opinion. Hopefully she gets what she deserves.

Which is what?

Life in prison

Based on what? Did she intentionally shoot him? Sure she did. Did she go to his apartment with the intent to kill him? I think not. She screwed up plain and simple. If she went there with the intent to kill him why did she make the call? Why not try to cover it up? She was obviously in hysterics she made the call.

She admitted to killing him. In cold blood. If she was an MS 13 member instead of a cop, you would be talking a whole different game. And that is a fact. She deserves the same as any murderer. The excuse for murdering matters not.

Yes, she admitted to killing him but why did she kill him?

[03Lightningrocks]

Yes, she admitted to killing him but why did she kill him?

Because she is a cowardly lunatic.

[cirus]

Yes, she admitted to killing him but why did she kill him?

Because she is a cowardly lunatic.

How so?

[cirus]

Yes, she admitted to killing him but why did she kill him?

Because she is a cowardly lunatic.

Because she made a mistake?

[G26ster]

Like they say, a grand jury would indict a ham sandwich. I don't know if she's guilty of murder, manslaughter, or what, but I do know she has not been tried and convicted. I'm surprised in today's political climate that so many out there have convicted her her murder prior to trial and all evidence being heard and a jury has voted.

[cirus]

Like they say, a grand jury would indict a ham sandwich. I don't know if she's guilty of murder, manslaughter, or what, but I do know she has not been tried and convicted. I'm surprised in today's political climate that so many out there have convicted her her murder prior to trial and all evidence being heard and a jury has voted.

[dlh]

There is much about this case that we do not know (witness statements, etc.).
However, having said that, how about a "mistake of fact" defense under Section 8.02 of the Texas Penal Code?
In other words, had it been her apartment she would have been justified in using deadly force under our castle doctrine. She thought it was her apartment (this has yet to be proved in court, of course)--she was simply mistaken.
Thoughts?

[cirus]

There is much about this case that we do not know (witness statements, etc.).
However, having said that, how about a "mistake of fact" defense under Section 8.02 of the Texas Penal Code?
In other words, had it been her apartment she would have been justified in using deadly force under our castle doctrine. She thought it was her apartment (this has yet to be proved in court, of course)--she was simply mistaken.
Thoughts?

That's the point I was trying to make. Yes she killed him. She admitted to that. Was it intentional? Yes it was. She says she thought it was her apartment. Her intent is what is in question.

[srothstein]

There is much about this case that we do not know (witness statements, etc.).
However, having said that, how about a "mistake of fact" defense under Section 8.02 of the Texas Penal Code?
In other words, had it been her apartment she would have been justified in using deadly force under our castle doctrine. She thought it was her apartment (this has yet to be proved in court, of course)--she was simply mistaken.
Thoughts?

I think she might stand a chance with the mistake of fact combined with the defense of property justifications. I doubt it will do her a lot of good though, based on the people being upset so much. My honest expectation is about 5 years in prison followed by a fairly long term of probation. I think she will be convicted of murder, though I think manslaughter is a better charge. The incident does meet all of the elements of murder though.

[Killadocg23]

Some mistakes are just unforgivable. Like some one mentioned earlier in the thread if it was an MS13 membrr the tone of this thread would be quite different. Imagine some one breaking Into your house and killing your wife or daughter or son. I doubt you would be saying oh it just was a mistake, don’t charge her with murder let’s just slap her with a manslaughter charge and maybe Even set her free. Just put your self in the victims shoes who was MURDERED in his OWN home.

[03Lightningrocks]

Some mistakes are just unforgivable. Like some one mentioned earlier in the thread if it was an MS13 membrr the tone of this thread would be quite different. Imagine some one breaking Into your house and killing your wife or daughter or son. I doubt you would be saying oh it just was a mistake, don’t charge her with murder let’s just slap her with a manslaughter charge and maybe Even set her free. Just put your self in the victims shoes who was MURDERED in his OWN home.

[cirus]

Some mistakes are just unforgivable. Like some one mentioned earlier in the thread if it was an MS13 membrr the tone of this thread would be quite different. Imagine some one breaking Into your house and killing your wife or daughter or son. I doubt you would be saying oh it just was a mistake, don’t charge her with murder let’s just slap her with a manslaughter charge and maybe Even set her free. Just put your self in the victims shoes who was MURDERED in his OWN home.

There's a big difference between walking into a house that you think is yours, not kicking the door in and shooting someone you think is an intruder and knowingly kicking the door off the hinges on a house you know is not yours and knowing there may be somebody home with the intent to commit a crime. Is there not? What about when Leo's go on raids in homes? Sometimes they get the wrong house and a homeowner is killed. Is that murder or manslaughter? If she went there with sole purpose of killing him because he had wronged her in some way or she just felt like killing someone for whatever reason then that would be murder. No one is expecting the guys family to forgive her. I would probably not be able to forgive if it was my family member. Do I think she should be punished? You bet. What do you want? Justice or vengeance? All of this is playing out the way it is because she is a white cop and he is a black man. Change her skin color or change his or maybe both. What if the victim was a white man? How would it be viewed then ?

[03Lightningrocks]

There's a big difference between walking into a house that you think is yours, not kicking the door in and shooting someone you think is an intruder and knowingly kicking the door off the hinges on a house you know is not yours and knowing there may be somebody home with the intent to commit a crime.

Wrong analogy. The correct analogy would be, MS13 member walks into residence, shoots and kills man. MS13 member claims he made a mistake by thinking it was his home and the dead man was an intruder. MS13 member says, "my bad".

[dlh]

There's a big difference between walking into a house that you think is yours, not kicking the door in and shooting someone you think is an intruder and knowingly kicking the door off the hinges on a house you know is not yours and knowing there may be somebody home with the intent to commit a crime.

Wrong analogy. The correct analogy would be, MS13 member walks into residence, shoots and kills man. MS13 member claims he made a mistake by thinking it was his home and the dead man was an intruder. MS13 member says, "my bad".

Section 8.02 of the Penal Code does not distinguish between you, me, leo, nuns, priests, rabbis,MS13 members, etc.
The correct analysis, at least somewhat, is whether the mistake is "reasonable" or not--that will depend on a whole host of factors most of which we do not know at this point.
Stay tuned.

[03Lightningrocks]

There's a big difference between walking into a house that you think is yours, not kicking the door in and shooting someone you think is an intruder and knowingly kicking the door off the hinges on a house you know is not yours and knowing there may be somebody home with the intent to commit a crime.

Wrong analogy. The correct analogy would be, MS13 member walks into residence, shoots and kills man. MS13 member claims he made a mistake by thinking it was his home and the dead man was an intruder. MS13 member says, "my bad".

Section 8.02 of the Penal Code does not distinguish between you, me, leo, nuns, priests, rabbis,MS13 members, etc.
The correct analysis, at least somewhat, is whether the mistake is "reasonable" or not--that will depend on a whole host of factors most of which we do not know at this point.
Stay tuned.

Analysis is a completely different meaning from the word "Analogy", which was the conversation of what you quoted.