Posted on 09/11/2018 2:21:41 PM PDT by billorites
She deserves to be found guilty of some form of negligent homicide. I don’t think she went there with the intent to harm this individual in his home.
None the less she caused his death.
Some of the comments in this article are downright silly.
You don’t fire off warning shots. You shoot to kill, if you are in fear of imminent attack on your person or the person of another. The fact she didn’t fire a warning shot, doesn’t prove she was wrong. It proves the writer is wrong.
What proves her wrong is attempting to enter a home that was not her own, mis-perceiving the homeowner as a burglar, and then barking orders he naturally wouldn’t follow, and then shooting him dead. He wouldn’t follow her orders, because to him she was an armed invader. She appeared to be an armed robber.
She deserves to do some serious time in prison.
Warning shots in a home setting like this, could kill an individual in another unit of the building.
There is also the question of whether she was in fact in fear for her life. Did he approach her in a threatening manner? How as he dressed? Was he barefoot and casual? Could this have tipped her off, he wasn’t likely a burglar?
She really screwed up her.
I suspect the lady officer would have just as quickly shot a white man as occurred with this situation. Race is not the issue.
Actually, she might get off Scott free if she says, “I thought he was a white guy.”
“But if she did,*in fact*,accidentally enter the wrong apartment...”
Hang on,
You mean we now have accidental breaking and entering?
Pretend that the cop wasn’t a cop but a female bank teller with a concealed carry permit coming home late from a bar. What would be the charge.
I’d still get in the ring with Ronda just so I could say we were together once. Then I’d run away cause she’d break my arm
She should fry.
Good shootin’ I suppose (until that state turns blue).
Define “breaking and entering”.
Perhaps she wanted to try his key in her lock. Hell hath no fury...
I think there is more to the story and I waiting to see what else comes out.
As to your example:
If under the same circumstances she gets charged. If she is coming into her own home, she gets off. It’s complicated.
In Texas, Section 9 of the Texas Penal Code provides legal justifications for the use of force in a limited set of circumstances when a person has no duty to retreat. For example, a homeowner in his own home does not have a duty to retreat and may use deadly force to protect himself against an armed intruder. This would be the same for a business owner in his place of business and a truck driver in his own truck.
Texas law provides for a justifiable defense at trial when using deadly force if the person claiming self defense:
1.Reasonably believed the deadly force was immediately necessary;
2.Had a legal right to be on the property;
3.Did not provoke the person against whom deadly force was used; and
4.Was not engaged in criminal activity at the time the deadly force was used.
If they had some sort of relationship and he was breaking up with her, who knows. I still want to see the Tox screen.
“Define “breaking and entering”.”
The entry into a person’s home without the consent of rightful occupant.
That’s it.
That’s what the 3 day wait before the arrest was for... she could have drugs/alcohol in her system and claim they were ingested after the fact in “ a bout of grief”
Also I understand that she was also on the wrong floor; her apartment was on the second and his was on the third (forgot where I read that).
“Sounds like an armed home invasion...”
It was an armed home invasion.
Did she have a legal reason to be there?
No.
Did she have a valid warrant?
No.
Was she giving lawful “verbal commands”?
No.
All other questions are moot.
Put this stupid cow in prison for the rest of her natural life.
L
having said that, our cops are taught to be too aggressive
..they are not taught to think before reacting..
.they reach for their gun far too quickly...
when did it become normal to shoot to kill rather than to shoot to maim or injure?
Scond-degree murder is ordinarily defined as: 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion"; or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life.
Note : as a trained police officer she can't claim "heat of passion" unless there is some sort of relationship, prior or ongoing, to the victim that we don't yet know about.
Perhaps an unintentional, armed home invasion, but still....
Toting a gun does carry certain responsibilities though.
She had to have been drunk.
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