On one of the Joe Kenda programs, the police yelled “police” in every room they entered. Did this police officer even yell it once?
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The cop isn’t a murderer just because he failed to yell “police” in the heat of the moment, after seeing somebody with a gun inside of a house with an open door — something the Joe Kenda officer never saw.
“The cop isn’t a murderer just because he failed to yell “police” in the heat of the moment”
First, you yell “Police!” BEFORE you prowl around someone’s yard. Maybe run the siren. If you don’t, you should EXPECT to see an armed person in the house looking out at you! Anyone who prowls around MY back yard at 2:30 AM can expect to find me with gun in hand.
Second, “murder” does not require premeditation. It varies by state and Texas is one that has no second degree murder. Second degree murder is normally killing someone intentionally - which you do if you aim before you shoot - and doing so without justification.
In Texas, “You commit murder when you intentionally and knowingly take someone else’s life, or when you intend to commit an act that is clearly extremely dangerous to human life and in effect, causes death to another person. Murder is usually a felony of the first degree.”
https://www.zenlawfirm.com/law-blog/2018/february/4-types-of-criminal-homicide-in-texas/
My understanding is murder involves intentionally killing someone when there was no justification for doing so. Doing something dangerous, provoking a response from another person, and then killing that person “because I felt threatened” is still murder. The cop provoked the other person into having a gun, and then killed them because they did. That is murder.
Not a lawyer. FWIW.
I didn’t say anything about murder. Murder implies intent to kill someone. This seems more like a reckless manslaughter case to me. I doubt this officer intended to kill anyone when he answered the call.