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

No, it would be justice.

 

Technically, being a justifiable homicide, it actually is a murder.

The mitigating circumstances make it justifiable due to the bizarre situation.

 

You would have to show her intent for it to be a criminal trespass. She mistakenly entered through the door therefore she had no reason to believe a permission was necessary.

 

He moved toward her and refused to stop when commanded to stop. Maybe he was drunk or on drugs, but his action got him shot.

A true tragedy of errors.

 

If it is a justifiable homicide it is not a murder it is a justifiable homicide.

 

Wrong.

She was charged because they are ACCUSING her of imperfect self defense.

Now they have to prove it.......which is impossible.

 

The law does not treat it the same as if she was in her own apartment simply because she thought it. Likewise, just because I think the speed is 70, and it’s only 60...the law doesn’t treat it as if the speed was 70.

She does have available to her the affirmative defense of imperfect self-defense, it’s her burden to prove, but even if that proven, it only gets her to manslaugter

 

No, because homicide IS murder.

 

To convince a jury you damn well better show a motive. They can't. They won't be able to convince a jury.

 

Your speeding analogy is invalid. There are large, clear and obvious signs to show the speed limit. Drivers are held responsible for reading them.

The action of entering a wrong apartment due to being new to the building is understandable by a jury........some of whom may have done the same thing at some time in their lives.

What caused the tragedy is that she was an armed police officer......and that turned a harmless mistake into one of great harm.

 

A self defense shooting is intentional and deliberate but not murder. So simply saying that does not make it murder.
Because of her gross negligence she killed him by mistake. That is what the jury will have to deal wth.

 

Oh you need signs to tell you not to break into people’s homes? Because I don’t have a sign on my home, well beyond the house number, like he had an apartment number, you can mistakenly break in and kill me?? Really? The law is gonna day, you’re mistake is just fine? Treat my home like yours? Come on

 

She didn't break in.........she walked into what she thought was her own home.

This is not unusual for someone new to an apartment building.

It is usually a harmless mistake. The fact that she was an armed police officer turned it into a tragic mistake.

The man who was killed made two mistakes that contributed to the tragedy--he left his door ajar and he refused to stop when commanded to stop. Maybe he was drunk or on drugs, but he should not have continued to move toward the officer.

The jury will have to take all this into consideration.

You can't throw someone in prison for the common mistake of going to the wrong apartment.

 

As said before, it is justifiable homicide and homicide is murder........don't get lost in semantics here.

I also have to question........could the easily understandable mistake of going to the wrong apartment when you are new to an apartment building be considered "gross negligence?"

It's a common mistake and in this case the apartment difference was just apartment 302 instead of 202........she just got on the wrong floor and didn't realize it.

Hardly fits the legal definition of "Gross Negligence."

 

She says she had no desire to shoot anyone when she entered what she thought was her appartment

If you try to convict her pf premeditated murder I think you will lose

 

Correct.

It all depends on the jury........and race will undoubtedly be a factor.

She could very well be acquitted of all charges.

 

Libs sure are bitter

 

The city of dallas is deep blue with a lot of angry black people who could be on the jury

Dallas County slightly less so

If anything she may be the one with the most to fear from racism

 

Maybe she has intimate knowledge of crime statistics. (you know.. the ones that show a minority that commits a disportionate percentage of all crime)

 

Yes.. isn't that the city were a BLM attendee slaughter a number of police officers?

 

Yes

Five were killed in Dallas by a black sniper

 

Maybe...but that doesn’t explain why she committed one

 

But it wasn’t her’s. I’m bob saying she should be guilty of breaking and entering, she certainly did enter and break the plain, of someone else’s home.

 

Agreed, I wouldn’t go after premed murder

 

In that case maybe the best she can hope for is a hung jury.

The lawyers can eliminate some of the obvious cop-haters from the jury.