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It pays to murder blacks in Texas.
She's also been placed on paid administrative leave.
Well, that's convenient...
It pays to murder blacks in Texas.
That was the arrest warrant for manslaughter...they can always charge her with more if more facts come out that she was grossly negligent...
Based on the current facts, manslaughter seems like a decent charge. They can always change the charge later. But also, talking to people who get the law and police rights, it's going to be a real stretch to even pin her down for manslaughter.
I talked to a guy who thinks new case law will be made out of this.
You have an officer who was uniformed, therefore not allowed to use lethal force for a home entry situation...OTOH you have mistake of fact virtually protecting her from any manslaughter and up charges...
We shall see how this plays out.
No, I don't see how mistake of fact would protect her here from manslaughter.
I'm not even sure what you're referring to in this case as "mistake of fact"
I feel the same way - except - the "protecting her" part.
It might or might not keep her from more serious charges - but it could raise questions and force the jury to put a lot more weight on her credibility. If she is super convincing - maybe it makes a difference IMO.
I am also confused by the part regarding her being uniformed therefore NOT allowed to use lethal force?
I don't get that part of your post.
"an officer who was uniformed, therefore not allowed to use lethal force for a home entry situation"
uniformed officers enter homes and kill people, armed and unarmed, kill dogs, throw stun grenades in occupied baby cribs.
What's funny about that?
Everything.
It's funny that cops bust into peoples' homes and shoot them, shoot their dogs, etc?
explain how manslaughter is a decent charge
BC there's no evidence at this moment to accuse her of anything more and if they did and she won, she'd walk with zero punishment..
In regards to manslaughter she'd have to be acting reckless, which can be tough to prove
That's why we need more facts to come out, regarding door locked, or closed, shooting in doorway, or in the domicile, whether or not the red floor mat is judged to have been important, etc.
Gotta wait out the process at this point.
Last edited by LaMarcus Bryant; 09-19-2018 at 11:16 AM. Reason: I said negligent, i meant to say reckless
no seriously. what facts in this case point to manslaughter.
Theres some silly law, paraphrasing here, not a lawyer, but essentially covers cops from making mistakes if they truly truly believe they were right about their facts..IE if the judge/jury 100% believes she THOUGHT it was her apt, and she THOUGHT she was in danger, then she's not at blame..
Check a google on it for exact wording
wish i was making this up
Texas says manslaughter is “recklessly causes the death of an individual.”
We have a death, and we don't know about the reckless part. Which is why some say she's doubtful to be found guilty of manslaughter.
So basically they have to PROVE she's being reckless to find her guilty of manslaughter
Or PROVE she was negligent to find her guilty of 1 tier lower, which is criminally negligent homicide.
The fact that all she has to do is convince a jury or judge she THOUGHT what she THOUGHT was TRUE, then you begin to see how it's possible for her to walk.
This is why I was trying to point to the Penal Code - Use of Deadly Force - regarding a uniformed cop.
If she competently describes how she specifically performed a "lawful police action" and a jury finds her testimony credible - then this only leaves her "mistake" (wrong apt) as a deciding factor as to whether they should judge her independently of the "mistake."
They could decide that she is full of and charge her with whichever crime she is ultimately charged with and just say - mistake or no mistake - she is guilty.
But if she is actually telling the truth and she is credible - they have to make a tough call IMO.
She wasn't acting as a police officer here from what we know so far.
What we know so far is that she says she mistakenly entered the wrong apartment and shot a defenseless man.
Do you really believe that's not "reckless"?
it's a clear case of murder. you'd have to be a badge-licker or a cop not to see that.
That's why this case is unique and there may be precedent set here. If you're uniformed, you're not fully considered "off duty", you're still considered to act as a cop. And she was fully uniformed.
So we just gotta wait and see.
Personally I think she's guilty AF of murder.
But realistically there's a good chance she walks. Anything further along the homicide-manslaughter-murder tier is the city of Dallas making her a sacrificial lamb bc of the other going on with it and it's police dept
That's why laws and lawyers suck balls, bc it's not a clear case of murder at all.
A drunken driver who THINKS he's OK to drive then causes a wreck that kills people is DUI guilty
If the info stays the same I don't see any way she walks.
I still have no idea where you are getting "mistake of fact" in this case.
I don't know any protocol or procedure that calls for an officer to shoot an unarmed person for simply falling to obey the officer's orders. Do you?
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