Off-duty officer entered wrong apartment, shot and killed resident

Dec 2013
33,811
19,359
Beware of watermelons
#21
Holy shit. I expected this to be yet another no knock..but this is just fantastic. I cannot stress enough that we seriously need to reevaluate our standards and qualifications of what we accept as a society for a person to become a police officer.
 
Dec 2013
33,811
19,359
Beware of watermelons
#22
If this were a normal citizen, they would be in handcuffs and in jail.
Obviously the police have more "rights" than the rest of us...

There are steps and standards that are suposed to be followed regarding police involved shootings. Just because this is an insane situation dose not mean that they should not follow protocol.
 
Likes: foundit66
Jun 2012
41,958
15,178
Barsoom
#24
How can this be satisfied Jimmy?

...committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed....

Of course, I don't see how a 2nd degree murder charge could hold. Malice aforethought seems like it would be impossible to prove.

But then, does a reasonable person enter another person's home much less kill the person who lives there?
In Texas the difference between manslaughter and murder is intent. Texas does not have involuntary and voluntary manslaughter, but does use aggravating factors to determine the penalty. Intent is not relevant for a manslaughter charge in Texas. There are still relevant factors we do not know. Texas has a separate manslaughter crime of "intoxication manslaughter, which is pretty severe. Until the blood tests come back, that is another thing that could be an issue.
 
Likes: Sabcat
Nov 2005
8,774
3,269
California
#25
If this were a normal citizen, they would be in handcuffs and in jail.
Obviously the police have more "rights" than the rest of us...
There are steps and standards that are suposed to be followed regarding police involved shootings. Just because this is an insane situation dose not mean that they should not follow protocol.
She was off-duty and no part of this should have involved a police activity.
Ergo, my assessment.

But, realistically, my above two sentences are very simple and I can easily see scenarios where an off duty cop shooting should have such review.
The update from today is reassuring in that the police are not obviously dragging their feet on the issue.
 
Likes: imaginethat

imaginethat

Forum Staff
Oct 2010
67,692
27,576
Colorado
#26
In Texas the difference between manslaughter and murder is intent. Texas does not have involuntary and voluntary manslaughter, but does use aggravating factors to determine the penalty. Intent is not relevant for a manslaughter charge in Texas. There are still relevant factors we do not know. Texas has a separate manslaughter crime of "intoxication manslaughter, which is pretty severe. Until the blood tests come back, that is another thing that could be an issue.
Thanks. Didn't the officer intend to kill the man? She drew a weapon, aimed it, and pulled the trigger presumably shooting to kill. Isn't that intent?
 
Likes: Lyzza
May 2013
5,419
4,613
arkansas
#28
I read an article on this incident that claimed she stated that she thought 'someone had gotten into her apartment, removed all her furniture, repainted, brought in new furniture and redecorated' while she was at work.

If that was a true statement, this woman needs to be in a mental hospital. WHO would do that?

Some LEO's shouldn't be allowed to have rubber band guns!
 

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