Dallas officer kills man after mistaking his apartment for her own

[jewozzy]

On a side note, all three of the witnesses I've seen (I started watching this afternoon) have said that they or their family members have parked on the wrong floor thinking they were on their correct floor just like the defendant did.

[Baron Von Crowder]

I agree that she should be hit with manslaughter, not murder. My gut feeling is they upcharged her on purpose knowing it would not get a conviction. From what I have watched so far I don't see a murder conviction.

I cant follow the trial, you know, work and stuff. But the talking heads say that murder is a big overreach, and the prosecution has yet to do anything but try to poke holes in the defense's arguments. I mean, unless they have a snapchat of her saying "feeling cute, might klll a nigger today" or something like that, I cant figure out what they are going to do for the next two weeks, other than put on a show to say they tried.

[kingjason]

A series of really unfortunate events could some this up. I really don't know how this is going to play out. If any one thing changes in the situation that guy is probably alive today. Even if it was one of my family members, I would be mad, but not sure I would be hell bent on frying her. I guess it depends on how he reacted in the apartment. Like if he jumped up and went at her (like I would have), or if he was just sitting on the couch and looked at her and said what the fuck.

[Tx Redneck]

I cant follow the trial, you know, work and stuff. But the talking heads say that murder is a big overreach, and the prosecution has yet to do anything but try to poke holes in the defense's arguments. I mean, unless they have a snapchat of her saying "feeling cute, might klll a nigger today" or something like that, I cant figure out what they are going to do for the next two weeks, other than put on a show to say they tried.

I know I shouldn't have, but I chortled at

I mean, unless they have a snapchat of her saying "feeling cute, might klll a nigger today" or something like that, I cant figure out what they are going to do for the next two weeks, other than put on a show to say they tried.

[svauto-erotic855]

Killing someone while committing another crime is a capital crime in every instance even if you did not intend to kill the person.

[Big A]

Killing someone while committing another crime is a capital crime in every instance even if you did not intend to kill the person.

Which has nothing to do with this scenario.

[black50]

She is going to walk because of the up-charge to Murder

The Texas Rangers recommended manslaughter and only after 'public outrage' was it changed to murder

[Strychnine]

Killing someone while committing another crime is a capital crime in every instance even if you did not intend to kill the person.

What was the other crime?

[ceyko]

Frustrating situation. You know if any of us did it, we would likely be locked up even if justice system was sympathetic to our error. An innocent dude is dead who did nothing wrong, while she entered the wrong apartment, then shot an innocent guy.

I do feel horrible for her if it was an honest mistake, but she should not get better treatment than we would....with her elite spec-ops...police training.

[dcs13]

Yeah, I think they charged too high. They'll never prove murder..
So , where you think the riots will be ?

[txstangnut]

I just do not think this meets the level of murder. I do think man slaughter would have been the correct charge.

[svauto-erotic855]

What was the other crime?

Deadly conduct.

[svauto-erotic855]

Yeah, I think they charged too high. They'll never prove murder..
So , where you think the riots will be ?

With any luck they'll be on my street.

[ram57ta]

Murder? Not a chance in hell. Murder means premeditated, planned. This does not even remotely come to that charge. Its a terrible situation all around...it's easy for all the armchair quarterbacks to say how they would have handled the exact same scenario. Anyone who says how they would have handled it matter of fact....are full of shit. I can see involuntary manslaughter...MAYBE criminally negligent homicide...but I'm arguing that she DID NOT KNOW (beyond a reasonable doubt) that she was NOT in her home. I don't think this cop came home from her shift planning to murder an innocent man in his own home. The murder charge is completely inappropriate and if we weren't in this politically motivated time I doubt it would have ever been considered. It was a terrible, horrific situation...she made mistakes....very bad mistakes...but she didn't enter that building planning to kill someone.

[jewozzy]

Deadly conduct.

Doesn't fit deadly conduct in my opinion. Almost all charges that you can think of the culpable mental state wont fit the criteria for the rest of the crime.

Texas Penal Code 22.05 – Deadly Conduct
Current as of: 2018 | Check for updates | Other versions
(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

Texas Penal Code § 6.03. Definitions of Culpable Mental States
(c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.  The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.