It was not murder. He was on duty and it was a bad police work for sure, I say an accident and they family has one hell of a civil suite. BUT IT WAS NOT MURDER. Manslaughter at best.
Manslaughter under color of law is murder in Texas, I believe - automatic upgrade as the peace officer is expected to know better. Texas also does not differentiate voluntary from involuntary manslaughter.
On duty doesn’t matter one damned bit.
I know that you believe that being on duty means being allowed to shoot whomever you please central_va, but it doesn’t work that way in Texas.
The officer in question had an obligation to call inside the house when he arrived. Did he do that?
If you admit that he did not do that, then you are also admitting that he was not following police procedures.
If he was not performing police procedures then the shooting did not happen “in the performance of his duties” and so no carte blache to blast away with his Jammie.
The officer had no legal right to trespass on private property. As noted elsewhere on this thread, the police were asked to check on the welfare of a resident, nothing more. There are procedures they must follow before they can enter private property, which they failed to follow in this case.
The officer took it upon himself to draw his weapon, and enter private property without probable cause that a crime was being committed. He therefore committed a criminal act in the State of Texas. Then, while committing a crime, killed a citizen who was lawfully in their own home.
That is murder.
I think it was murder. If I saw somebody flashing a light into my house at 0230 I would assume the worst and grab a gun too. I don’t need to be shot by some policemen who is too unprofessional to positively announce and identify himself. I wonder if he’ll more time than the female Dallas cop who murdered a guy eating ice cream on his own couch?
Murder is quite normally defined as the intentional and unlawful killing of another.
Not too much wiggle room in that.
An accident by definition is an planned series of events that lead to unwanted outcomes.
The officer did not accidentally shoot her, he clearly intended to so do. His sidearm did not fall off his belt and unintentionally discharge.
One crucial aspect of all justified shootings is that the actor be in a place he has a lawful right to be and that he is not the aggressor.
This one will test those factors quite rigorously. He will likely be convicted of murder, but in Texas, “sudden passion” may be applied to the sentencing. I doubt he will be found guilty of negligent homicide as he was not following police policy prior to the killing. A cop cannot assume a mantle of protection simply because he knows he is a cop, the awareness of the fact is crucial to anyone else in the situation.
As in the Jean-Guyger case, we shall see what a jury thinks is reasonable, unless he pleads and a judge is the finder of fact.