Dallas police officer who shot man in his own apartment indicted on murder charge

why not go for murder if you think the evidence supports it? Manslaugter is a lesser included offense, so they can always get that instruction to the jury as well

 

You are mistsken

The prosecutor is claimimg and must prove that she killed the man while knowing he was innocent and harmless

 

...

 

The state does not always include a lessor charge

Its a roll of the dice that sometimes backfires

 

No, it does not.

Google "imperfect self defense".
Imperfect self defense leads to a manslaughter charge. If you THINK its reasonable, but objectively its not reasonable, you're going in.

 

a murder victim doesn't have to be innocent and harmless. Nowhere in the murder statute, are those elements present.

When someone raises an affirmative defense, like self-defense, or insanity etc...the burden is then on the defendant to prove that beyond a reasonable doubt. It's pretty straight forward https://en.wikipedia.org/wiki/Affirmative_defense

 

Very true....but they'd be silly, not to ask for the instruction.

 

If they are a threat then its not murder but closer to voluntary manslaughter

And you are still wrong that the defendent has to prove their innocence

 

Its a roll of the dice

the DA might fear the jury choosing the lesser charge

Not giving them the choice of a lesser crime makes the outcome all or nothing

 

I never said they had to prove their innocence....they do have to prove their affirmative defense. They have to raise it and the burden is then on them. Please read up on the topic, I provided a nice link to get you started..

I agree that you can get to manslaughter by showing the person is a threat...but that's on the defense to produce the evidence....hence why the burden shifts to them, as I stated.

I agree...but in my opinion the DA would be silly not to include it in this case. It's a tough case if you believe the police officer's story.

 

I wonder if too much is expected of cops? Re length of shifts.
Twelve hours is too long to for anyone to maintain peak alertness.
Is exhaustion, or just fatigue behind other errors of judgment shootings such as this?

 

I have thought from the beginning that the killing was not premeditated or the outcome of drug dealing or sex

Which means I think the woman was weak and rather stupid

And certainly reckless

All of which suggests to me that it was not murder

 

murder doesn't have to be about sex, drugs, or premeditated.

 

Other than unnoticed psych issues (ie sociopaths/psychopaths on the job) its probably the number 1 contributing factor.

 

There is no debate here...this ia clearly the cops fault. cut and dry

 

I suppose not

What do you think the motive was?

 

I've been a grand jury member. Sometimes the fact is that a case goes to the regularly scheduled GJ just because it is the kosher thing to do, as the GJ must see all cases. The GJ will indict almost any case, and sometimes the DA makes a personal appearance to beg the GJ not to indict -- because it is going to cost a lot and there is almost no chance of a conviction (evidence will be thrown out, police made a technicality mistake, etc.) -- and the DA admits there will not be justice in that weak case, but that's the way it almost certainly will be. This is not one of those very weak cases not to be true billed because of the cost and the small chance of conviction.

My neighbor got on the federal grand jury and says it's the same way there.

 

Well yeah but do you concede it was not capital murder?

 

Do you believe her story about being in the wrong apartment? Do you think the jury will believe it? She did deliberately kill him. You don't shoot anyone at close range until you are intending to kill them.

 

What was the motive?

 

The trial jury has not sat and voted yet. We don't know for sure what it was. The trial jury will tell us what it was when the verdict is read. Or tell us what it wasn't.

 

If that means premeditated then yes

 

I am will to wait and see since we have no choice anyway

 

Thinking she could use the "I was in fear of my life" excuse. She should have went to her own apartment. You can't go to a person's home and kill them and then say, "Oh, I'm sorry I thought this was my house"

 

Good

I agree