Posted on 10/01/2019 8:55:22 AM PDT by CaptainK
Amber Guyer guilty of murder, Just announced on FOX News
(Excerpt) Read more at foxnews.com ...
THERE WAS NO THREAT! This was a home invasion.
Murder in Texas requires the following:
1, The defendant intentionally and knowingly caused the death of another person. Well there is no question about that. She knew she was shooting him
2. The defendant intended to cause serious bodily injury and committed an act that was clearly dangerous to human life and this act caused the death of an individual, or the defendant committed or attempted to commit a felony (other than manslaughter) and in performing that felony, committed an act that was clearly dangerous to human life and this act caused the death of an individual.
Since breaking into another persons home is a felony then the murder charge is appropriate.
In addition, the judge refused to allow many of the defenses witnesses because she decided that their testimony would only be their opinion - even though some were certified in their profession. I think that can be a basis for appeal.
And those are just the two off the top of my head.
She texted and called her boyfriend police officer immediately before and after the shooting. Why wouldn't that be admissible?
This is not a cut-and-dried case, and really, it almost looks as if the law has no hard-and-fast rules to cover it. It's one of those confusing paradoxes, like, suppose you're in a full life raft, and a person foundering in the water wants to come aboard it. Do you let him in, knowing that by so doing the raft will sink and everybody involved will drown?
It's the sort of thing the Devil makes use of in order to confuse us and make us think there's no difference between good and evil.
Since it required a unanimous vote then apparently all the whites and Hispanics on the jury wanted to stick it to the white cop too.
The jury had been sequestered for over a week. White, black or brown. They all just wanted to go home.
Regular peons citizens, not so much.
(Goes to "state of mind" and all.)
And forensics.
Jean was not shot on the couch. He was halfway between the couch and the door when he was shot.
Did such claim agree with the disposition of the body and/or trajectory of the bullets entering the body or any blood stains (spatter *or* trail)?
She illegally entered guys apartment without permission. That's breaking and entering under Texas law even if the door was wide open.
Because he's a cop, too. Kneel before your betters, dog, if you know what's good for you! /JBT mode>
Are you saying his eating ice cream in his own apartment endangered her life? Or are you playing Democrat and trying to change the subject and confuse people?
She did not break in. Entering by mistake? Yes. Intentionally breaking down the door or picking the lock?
Didn't happen.
A lot of people are posting about "murder" and "intentionality" and they do not know Texas law. In Texas murder does not necessarily have to be "intentional." And there is no such thing as second-degree murder in Texas. What she did was murder - because she committed a felony - by breaking and entering a habitation which wasn't hers (which is a state jail felony under Texas Penal Code 30.02) - and because death resulted in an individual in the process of a felony - that falls under the definition of murder - Texas penal code 19.02.b.3.
Did such claim agree with the disposition of the body and/or trajectory of the bullets entering the body or any blood stains (spatter *or* trail)?
I believe so, the testimony is all in the public domain. The victim was also found halfway between the couch and the door. I know the bullet that missed the victim was found high up on the back wall.
Here's the link, and an excerpt of the bit relevant to this topic. The whole thing will curl your hair:
Dr. Clarissa Cole on After Hours AM April 17, 2019
(Start at 78:31)
Dr. Cole: He had an epiphany; he was going to become a cop!
Eric Olsen: Ha ha ha what??? Uh, so, wait a minute, he was told by a former employer, if you ever, you better never get a job where you have influence over others, an authority position, or I’ll do whatever it takes to stop you. So wouldn’t becoming a cop kinda give him the ultimate authority over people?
Dr. Cole: Well, you know, lucky for all these other people, he kept moving from county to county so they weren’t really, uh, yeah, it is the ultimate authority he was just moving around so people wouldn’t know what he was doing, and I think getting out of the teaching profession they didn’t know what he was going to do.
He eventually applied to the Broward County Police Unit; he was rejected, though, because he failed the psychological test.
Eric Olsen: Oh that’s it he’s out of the career. No career for him He’s obviously unstable…
Dr. Cole: One, you know what? One would think so, and I actually used to perform these psych tests, and oh, do I have stories! You would think that it would even, it’s supposed to, let me tell you how it’s supposed to work, it’s supposed to prevent you from getting a job as a police officer or a prison guard.
Eric Olsen: Sure.
Dr. Cole: Does that always occur?
Eric Olsen: I would hope that it does.
Dr. Cole: No, no, no, I would say 50% of the time.
Eric Olsen: What?
Dr. Cole: It’s supposed to be a be a requirement, a REQUIREMENT, if you don’t pass, if you are not psychologically fit, you are not supposed to become a police officer or a prison guard. Does that actually preclude you from becoming a police officer even as long ago as what, 2005? No, I was doing them in 2005. Half of the people I rejected still became a cop.
Eric Olsen: How does that happen? How do they get around this?
Dr. Cole: Oh God there so many ways
Eric Olsen: Is it a buddy, a dad?
Dr. Cole: My son, he’s the son of my buddy, his dad is a cop, he has to be a cop, he’s going to work in this county and we’re really understaffed, we need people, we know he failed, but it’s OK. The amount of excuses I heard to employ people.
And that’s the thing, just so the general public is aware, it’s difficult to fail, it’s difficult to fail one of these psychological…
Eric Olsen: What would cause one…
Dr. Cole: It’s not like the bar is so darned high that no one could pass, it’s nothing LIKE that, this test is just to find out is this person basically psychologically stable, are they non-sadistic, do they not have criminal or punishing tendencies or narcissistic tendencies themselves. Basically you’re trying to weed out anybody that has a like God complex; I’m judge, jury, and executioner. You want to get those people out of there. You’re trying to get people out of there that are just psychiatrically so unstable that they can’t control their emotions so, maybe some sort of bipolar thing going on or somebody that absolutely clearly has a personality disorder, like narcissistic personality disorder, antisocial personality disorder, borderline personality disorder. They are not
Eric Olsen: Checks and balances. Checks and balances to protect the general public from somebody that would not do well in that position.
Dr. Cole: And I was very, yeah, I was extremely, forgiving on these psychological tests even when somebody would sort of hit sort of some of those marks on the tests we would give, I would ask in interviews I would ask a ton of questions just to be very, very sure that this person was indeed failing the psychological exam, and I did not fail that many people, but the people I failed, please believe me that it was for extremely good reasons, extremely good reasons, and half of them became cops anyway.
Eric Olsen: So when they‘d leave would they go to a different state and do it?
Dr. Cole: Hah no, they would get hired by different a county, like a couple minutes over usually. Somebody knew them and “Now let’s pick them up.” “No, no, no, he has really strong sadistic tendencies and fantasies of rape and murder, you really shouldn’t hire him” and they would. And that’s exactly, I hope it’s different that was like I said, this was in 2005, it scared the heck out of me and I said I would never have a career doing that I don’t want to know that those people are becoming officers.
Eric Olsen: Tell me it’s in the minority, though, that this happens.
Dr. Cole: It’s in the minority that people fail, the majority of people passed. But those that do fail, like I said it’s for very good reason, but half of them. Half of them got picked up. So no, it’s not a minority a full 50% got hired.
Eric Olsen: That is truly a scary number out there that 50% of...
Dr. Cole: It’s a small sample, a small sample that was in a place that was economically depressed and needed officers…
(End at 83:29)
Yeah, I thought everyone knew burglars stick around to cook up some food and watch TV. /sarcasm
In Texas if you enter someone's residence without permission is enough to get you charged and convicted of breaking and entering, or criminal trespass as it's called in the state. You don't have to break in. You can walk in through an unlocked door, as she did, and it's the fact that she entered illegally that would get her convicted. She then shot and killed the victim while committing the crime. Murder, under Texas law.
Sounds like you may have never had any such encounter. Good for you. But there is a very heavily documented effect that happens to people in deadly force situations. You focus on the threat and everything else fades into near invisibility. You may have heard it called tunnel vision.
It would be amazing if she didn’t notice anything else in the apartment. She believed she had walked into her apartment in a strange black man was walking towards her.
Just a tragic accident and nothing more
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