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Killadocg23 wrote: ↑Sat Dec 01, 2018 11:58 am

03Lightningrocks wrote: ↑Sat Dec 01, 2018 5:42 am

cirus wrote: ↑Sat Dec 01, 2018 4:33 am
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".

Thats the point I am trying to make to cirrus but as humans we see things differently and he has a different point of view. How on earth can you walk into somebodys residence kill them and be like oh my bad ,sorry to kill you. It doesn't matter if his door was unlocked its his own APARTMENT. And it is pathetic to see people making excuses for the officer because she had a 10 hr shift as to say her behavior should be excusable because she was tired.She should be charged with MURDER plain and simple. Would she be charged with murder? High percentage that she wouldnt be.

What is the difference between murder and manslaughter? All I'm saying is put yourself in her shoes. What was her intent? That's the difference between the two. We know she killed him and she admitted to it. If you're texting and driving and run over someone and kill them did you murder them? If the victim was my son I would want to see her punished but not for murder if it all played out the way she says. Like you say we all have a different point of view. I try to look at it like it was me on trial. If that officer came to me after killing my son in tears and begging for forgiveness and was truly remorseful I could forgive her in time. I'm done.

RoyGBiv wrote: ↑Sat Dec 01, 2018 8:05 am Seems to me that murder is going to be tough to find. Unless there is some kind of history between the two that I'm not aware of.
Manslaughter seems like the appropriate charge.

/MMQB

dlh wrote: ↑Sat Dec 01, 2018 7:29 am

03Lightningrocks wrote: ↑Sat Dec 01, 2018 5:42 am

cirus wrote: ↑Sat Dec 01, 2018 4:33 am
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.

Killadocg23 wrote: ↑Fri Nov 30, 2018 11:20 pm 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 ?

dlh wrote: ↑Fri Nov 30, 2018 9:43 pm 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.

G26ster wrote: ↑Fri Nov 30, 2018 9:30 pm 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.

03Lightningrocks wrote: ↑Fri Nov 30, 2018 8:54 pm

cirus wrote: ↑Fri Nov 30, 2018 8:49 pm
Yes, she admitted to killing him but why did she kill him?

Because she is a cowardly lunatic.

Because she made a mistake?

03Lightningrocks wrote: ↑Fri Nov 30, 2018 8:54 pm

cirus wrote: ↑Fri Nov 30, 2018 8:49 pm
Yes, she admitted to killing him but why did she kill him?

Because she is a cowardly lunatic.

How so?

03Lightningrocks wrote: ↑Fri Nov 30, 2018 8:36 pm

cirus wrote: ↑Fri Nov 30, 2018 8:31 pm

03Lightningrocks wrote: ↑Fri Nov 30, 2018 8:18 pm

cirus wrote: ↑Fri Nov 30, 2018 8:01 pm

03Lightningrocks wrote: ↑Fri Nov 30, 2018 3:36 pm 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 wrote: ↑Fri Nov 30, 2018 8:18 pm

cirus wrote: ↑Fri Nov 30, 2018 8:01 pm

03Lightningrocks wrote: ↑Fri Nov 30, 2018 3:36 pm 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 when she made the call.

03Lightningrocks wrote: ↑Fri Nov 30, 2018 3:36 pm She needs to be in jail in my humble opinion. Hopefully she gets what she deserves.

Which is what?