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

Because that's a god-awful standard. If that were an actual standard, we'd throw out all criminal negligence laws.

 

It’s murder because it wasn’t an accident, she intended to kill or at least shoot him.

 

Nope, not at all. Nor should it be a complete defense. Is it mitigating? Sure. There are some states though that allow it for defense of others

 

It is a tragic story. I feel sorry for the victim and his family and friends - it should never happen in our society that an innocent person just living their life should be suddenly shot and killed. Regardless of whether the murder is a gang member, a cop or an illegal - it must not be tolerated. I agree with the jury.

Another facet to examine: cops are constantly under threat of murder and revenge. They put criminals away, but when they get out they often come after the cops who caught them. Between vengeful ex-cons and progressive cop-haters, every day can be perilous. It must make them jumpy. I am sympathetic with cops. It is a separate situation different from the other two above-mentioned murderers who are evil criminals.

I also have to wonder how much more threatening it is for a woman, who has less strength to defend herself against a criminal. This is a second case in a relatively short period where it was a jumpy woman cop who pulled the trigger. Maybe we need to rethink the notion that women are as strong in combat as men.

 

That would be a Judge or Jury to decide.

 

I haven't looked closely at the case, but while I can imagine that a woman would panic to find a man in her home when she walked in, how could she possibly mistake someone else's home for her own?

 

That is why I have been asking the questions I have asked.

 

It's a bloke thing.

 

Just curious, what sort of time frame means premeditation?

 

It is that "on edge" factor that makes this something other than murder. Cops put themselves on the line everyday in high-crime locations. They can never let their guard down. The good ones have nerves of steel, and a remarkable capacity to be calm and clear headed in the face of danger. But some people get jittery when facing danger, and those temperaments should not be cops.

 

Someone needs a full meal from the tree of knowledge of good and evil. If the speed limit is 70 MPH on the freeway it doesn't mean that you can legally go 70 on a neighborhood street.

 

If you have time to take aim it is premeditated.

 

Where I am...if I honestly and reasonably believed that I was still in a 70 MPH zone, but was mistaken in fact about that....and was over whatever the limit truly was ~ innocent.

 

His fanciful account is just a fanciful account. Every source I have seen (even the CNN OP link) contradicts his fabrication. His 24 hours of silence since I pointed this out, removes any doubt...unless @Mr Truth can add to it.

 

Didn't someone once say ignorance of the law is no excuse? Isn't it the same situation?

 

The fact is though, it didn't. She had no right to brandish her weapon as she was not under threat, or even the perception of threat. Murder 1, and she's going to be convicted.

 

Okay.....so if it truly was her apartment, you still say 'Murder 1,' and therefore all the stuff I've read here about freedom to shoot home invaders is just hot air?

 

Indeed ignorance of the Law is no excuse.....but that does not = having an honest and reasonable but mistaken belief about the real facts.

 

But we know that's not the case, we also know she made no attempt whatsoever to defuse the situation and so murder 1. She didn't even try to call for backup or anything.

 

It must be nice to live in such a special place. Where I live you would get an extended stay in the county jail.

 

Gawd......if she honestly and reasonably believed it was her own apartment (turned out - it was not) ~ is she not entitled, as many here claim is the case, to summarily blast away at a home invader? Are the people here who say home invaders are fair game for home owners with guns totally wrong?

 

Are you telling me that in the Land of the Free, the Home of the Brave, Truth and Justice......there is no Law equivalent to this?

Huh?

 

Amber is extremely lucky that I am not on her jury because her ass would be on death row in a second.

 

Then you have no place anywhere near a Jury.

 

As cited by others, the victim's apartment had a red rug, the accused did not have such a rug. You don't even have to look down, just STEPPING on it should give you a pause 'Oh, that's never been there before'.

So she did not honestly or reasonably believe that. It was her excuse to justify her own murder. The grand jury didn't buy it in its indictment.