Posted on 07/17/2017 6:06:48 PM PDT by Timpanagos1
It truly is an “Oh, God!” occasion.
And yet. What if God answered?
I don’t think his big problem is his bad judgement in the actual shooting, his problem is that he apparently lied during questioning.
Had he said, “The car began to drive off, I misjudged the situation and fired my weapon.” he might not be looking at 99 Rodeos at TDC.
It could be a pride problem there. Rather than saying oops, I snapped and really blew it there, he made up some cockamamie excuses that weren’t even true.
That said, it could still be an insanity defense case.
Insanity rarely works, and the Def must effectively demonstrate it by acts other than the charged.
“I was crazy when I shot the kid, but sane 6 minutes later when I told the responding LEO to call my lawyer!” is a non-starter.
One was a car coming at the cop (still a bad shoot), and this Dallas case where the car was driving away.
Tough to claim “fear of my life” from the Carbon Monoxide being emitted from the fleeing car’s exhaust.
There’d need to be a proof or history, generally speaking. But many a competent psychologist can put up an undaunted testimony on the witness stand.
The insanity def very rarely works in a case such as this. A kid or wife who has been abused for 20 years shoots the abuser.... possibly, but the “instant insanity” defense is almost never effective.
Can you imagine putting his PD supervisors on the stand, “So tell me Chief, was the def insane when you sent him on patrol?”
Remember the 4 “Is” of criminal defense law.
Instant Insanity Implies Idiocy (on the part of counsel.)
Some problem that grew worse until the man snapped would have to be shown.
Still, it’s funny how denial in a family (and even in an organization) can mask a problem like this until it’s too late. You know what a skeptic I have been about Waco. And I think for good reason. What could have been a pretty prosaic murder stopper had to become a colorful shootout at the family plaza, er, breastaurant.
It isn’t instant insanity. It’s sudden manifestation.
Still a 2% chance.
Still a 2% chance.
On second thought, maybe 10%.
It’s past my bedtime.... and Mrs. Strac calls.....
Be well.
That’s kind of meaningless when referenced to an individual case.
Also you know that the whole bloomin’ police union will be behind him... rather than sawing him off in abject shame.
I don’t see what the defense possibly has in this case, except PTSD. That may be enough though, at least to get a reduced charge or sentence.
One thing is certain, he must never be armed again, whatever else happens.
It’s a tough job where split second decisions can cost you your life, your freedom or the lives of others.
I don’t see why he talked or why knowing there might be a video, he gave an incorrect version of the incident.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.