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Amber Guyger found guilty of murder in fatal shooting of Botham Jean
Fox4 News ^ | 10/01/209

Posted on 10/01/2019 10:33:27 AM PDT by Envisioning

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To: TexasGator
Before or after your mis-characterization ?

And where did I mischaracterize it?

61 posted on 10/01/2019 12:02:05 PM PDT by DoodleDawg
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To: CivilWarBrewing

I’m pretty sure that if I walked into what I thought was my apartment and EVERYTHING LOOKED DIFFERENT, I’d quickly realize I’d walked into someone ELSE’S apartment!
I don’t care what her toxicology test revealed, SHE’S EITHER BLIND, DRUNK OR STONED.

She should’ve IMMEDIATELY RETREATED!


She only lived at the building for a month. Other tennants testified that they had gone to the wrong apartment. Her apartment was one floor down exaclty below.


62 posted on 10/01/2019 12:08:28 PM PDT by outpostinmass2
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To: Envisioning

Most likely to be overturned in any appeal.

The most that she was guilty of is criminally negligent homicide. Murder is WAY over the top.


63 posted on 10/01/2019 12:09:06 PM PDT by fwdude
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To: DoodleDawg

Another armchair lawyer.

What “crime” was she in the commission of when she killed Jean?


64 posted on 10/01/2019 12:12:54 PM PDT by fwdude
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To: fwdude

If the victim had shot back and killed the police officer who broke into the apartment he wouldn’t have had a chance at a trial.


65 posted on 10/01/2019 12:14:17 PM PDT by outpostinmass2
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To: Envisioning
I'm thinking that if you go into some one else's home at night and shoot them, killing them, that most juries are going to find you guilty of murder. You had to complete several actions, beginning with opening the door ( not yours), going into the house ( not yours), drawing a weapon, aiming the weapon, and firing the weapon. My state,Florida says that killing someone during the commission of another crime is murder. Her original crime was breaking and entering while carrying a weapon. Texas probably has similar laws. 2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender: (a) Makes an assault or battery upon any person; or (b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; Felony Murder Florida requires the prosecution of "felony murder," which also leads to a first degree murder charge, when the defendant commits homicide while during the commission of a specified felony or an attempt to carry out a felony. State laws include a list of felonies that qualify a homicide as first degree murder. These felonies include burglary, home-invasion robbery, kidnapping, sexual battery, and many other offenses, including the murder of another person. While the prosecutor must prove that the defendant intended to participate in the underlying felony, the state can proceed with the charge even if the defendant did not personally perform the killing. So breaking and entering with a weapon in Florida where someone dies, even from a heart attack, gets you first degree murder
66 posted on 10/01/2019 12:14:48 PM PDT by Waverunner (I'd like to welcome our new overlords, say hello to my little friend)
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To: fwdude

Another armchair lawyer.

What “crime” was she in the commission of when she killed Jean?


Breakin and entering.


67 posted on 10/01/2019 12:15:01 PM PDT by outpostinmass2
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To: Envisioning

FReepers cheering this verdict are in full agreement with the deviants at DU.


68 posted on 10/01/2019 12:15:08 PM PDT by fwdude
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To: outpostinmass2

“Breaking and Entering” isn’t an offense listed in the Texas Penal Code.

Try again, armchair lawyer.


69 posted on 10/01/2019 12:16:30 PM PDT by fwdude
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To: outpostinmass2
If the victim had shot back and killed the police officer who broke into the apartment he wouldn’t have had a chance at a trial.

Absolute BS. He was well within his right to use deadly force on what he thought was an intruder into his residence at night.

70 posted on 10/01/2019 12:18:23 PM PDT by fwdude
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To: fwdude

“Breaking and Entering” isn’t an offense listed in the Texas Penal Code.

Try again, armchair lawyer.


Thanks, didn’t know that, douchebag.


71 posted on 10/01/2019 12:20:03 PM PDT by outpostinmass2
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To: fwdude

“””FReepers cheering this verdict are in full agreement with the deviants at DU.”””


When all other arguments fail, comparing FReepers to deviants at DU does not help your cause.


72 posted on 10/01/2019 12:22:18 PM PDT by Presbyterian Reporter
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To: fwdude

If the victim had shot back and killed the police officer who broke into the apartment he wouldn’t have had a chance at a trial.
Absolute BS. He was well within his right to use deadly force on what he thought was an intruder into his residence at night


Even if he survived to tell his story, there would be a trial.


73 posted on 10/01/2019 12:23:23 PM PDT by outpostinmass2
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To: fwdude
What “crime” was she in the commission of when she killed Jean?

Criminal trespass. Burglary. Case can be made for both.

74 posted on 10/01/2019 12:24:32 PM PDT by DoodleDawg
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To: Envisioning

The verdict in this case, and the fact that this case went to trial at all, is marinated in “racial justice” and PC perversion of law. Yes, it was a horrible incident where an innocent man was killed. It was HOMICIDE. But not all homicide is murder. It was an accident, just like any auto accident where people are killed in the U.S. almost DAILY were factors of error by drivers involved are not deemed criminal offenses.

There was no way that this case COULDN’T have ended the way it did. The jurors were hamstrung against ruling any other way, but threat of violence and massive civil rioting if they ruled “the wrong way.”

Get this. The fake “Black Lives Matter” goons were in the hall strutting about and looking for the next illegitimate victim. This will embolden them to a horrific degree.


75 posted on 10/01/2019 12:24:34 PM PDT by fwdude
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To: DoodleDawg
Criminal trespass. Burglary. Case can be made for both.

Look up the elements of the offense for both in the Penal Code and, if you are intellectually honest, you’ll see that neither of these would meet the definitions.

Criminal intent MUST be apparent and proven. It wasn’t.

76 posted on 10/01/2019 12:26:53 PM PDT by fwdude
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To: fwdude

There aren’t any winners here. A man, who should be alive, is dead, and a woman who never should have shot him, and WOULDN’T have, if she’d been more alert, is going to be sent away, to a decidedly miserable place, for several years.
What would YOU do, if confronted by a man with a gun pointed at you, when you thought you were in the doorway of your own apartment, which in dim light, looks like every other apartment? I think she should have been convicted of manslaughter, NOT murder.


77 posted on 10/01/2019 12:29:15 PM PDT by Flaming Conservative ((Pray without ceasing))
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To: Flaming Conservative

I fully agree that there aren’t any winners here. It was a horrific incident where an innocent man in his own apartment was killed. And I won’t deny that Guyger made errors, errors which were made by many other residents in the apartment complex. But she was not INTENDING to shoot an innocent man in his own apartment. Does anyone think that she thought she would get away with such an irrational scheme? And was there some kind of “moment of passion” that caused this, other than alarm at an erroneous realization?

And I agree, manslaughter, or even less, criminally negligent homicide, would have been a more appropriate charge. That’s why the murder conviction is so over-the-top and will likely be overturned on appeal.

I’m predicting that the BLM mob will still riot and cause civil unrest; in “celebration.”


78 posted on 10/01/2019 12:35:49 PM PDT by fwdude
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To: DoodleDawg
She killed someone during the commission of a crime. That's murder in Texas.

In California, too. Intent doesn't matter in those kinds of cases. Only results.

79 posted on 10/01/2019 12:37:01 PM PDT by Ol' Dan Tucker (For 'tis the sport to have the engineer hoist with his own petard., -- Hamlet, Act 3, Scene 4)
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To: TexasGator
She entered a habitation illegally. You do not have to establish Mens Rea AND Actus Reus. For instance, if you enter my habitation by accident and I kill you, I have a justification defense regardless of your mens rea in this state because I may not have time to establish it.

In Texas, murder is committed if you negligently kill someone in the commission of a crime. She committed the crime when she entered his apartment without his consent. Again - it doesn't matter if it is a mistake.

And when you look at the facts of the trial - there are a lot of things here that are really not adding up. Her texts before, her violation of police protocol, her inability to notice the surroundings. LOTS. I have worked a 52-hour shift in a high-stress combat environment. I would not have made that mistake. As she readily admitted in a text she sent to her partner, as the man laid dying on the floor, she "f_cked up."

80 posted on 10/01/2019 12:39:16 PM PDT by NELSON111 (Congress: The Ralph Wolf and Sam Sheepdog s<how. Theater for sheep. My politics determines my "hero")
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