Dallas officer kills man after mistaking his apartment for her own

[SS Junk]

I never read on how she ended up shooting this guy. Someone give me a break down please.

Entered apt. she thought was hers
Saw what she thought was an intruder
Ready, fire, aim

[jewozzy]

Lota of good points brought up on both sides.

I still think this is a clear case of manslaughter. It's practically the exact definition. .

It isn't the definition of Manslaughter in the Texas Penal Code though. The issue is they will never be able to prove reckless in my opinion. Also hearing the witnesses that have come before her they too have gone to the wrong floor, wrong door, etc... The other issue is going to be that it appeared her key opened the door (yes it also appears the door may have been slightly ajar which allowed the key to "open" it). The ranger yesterday that testified stated he has no proof that the door flashed "red" or that it wasn't the door and that he could not testify that she would have been able to know that the door was not hers based on the locking mechanism for the door.

Texas Penal Code § 19.04. Manslaughter
(a) A person commits an offense if he recklessly causes the death of an individual.
(b) An offense under this section is a felony of the second degree.

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.

[svauto-erotic855]

That doesn't include how many officers are either assaulted and/or are placed in violent situations though. Just because an officer survives an encounter doesn't mean there isn't a heightened sense of being assaulted/killed.

Police officers are not drafted, it is a profession that they choose. If it's too rough for them they need to quit whining and find a different job.

[svauto-erotic855]

Lota of good points brought up on both sides.

I still think this is a clear case of manslaughter. It's practically the exact definition. .

Just ask yourself this, what would the man be charged with if he had mistakenly entered the officers apartment and shot and killed her while she was standing in her living room.

[Ruffdaddy]

It isn't the definition of Manslaughter in the Texas Penal Code though. The issue is they will never be able to prove reckless in my opinion. Also hearing the witnesses that have come before her they too have gone to the wrong floor, wrong door, etc... The other issue is going to be that it appeared her key opened the door (yes it also appears the door may have been slightly ajar which allowed the key to "open" it). The ranger yesterday that testified stated he has no proof that the door flashed "red" or that it wasn't the door and that he could not testify that she would have been able to know that the door was not hers based on the locking mechanism for the door.

Texas Penal Code § 19.04. Manslaughter
(a) A person commits an offense if he recklessly causes the death of an individual.
(b) An offense under this section is a felony of the second degree.

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.

Are you law enforcement?

[jewozzy]

Police officers are not drafted, it is a profession that they choose. If it's too rough for them they need to quit whining and find a different job.

I'm not debating this. Was just pointing out how your argument was with deaths.

[jewozzy]

Are you law enforcement?

Not anymore. But I am quoting the law....

[svauto-erotic855]

It isn't the definition of Manslaughter in the Texas Penal Code though. The issue is they will never be able to prove reckless in my opinion. Also hearing the witnesses that have come before her they too have gone to the wrong floor, wrong door, etc... The other issue is going to be that it appeared her key opened the door (yes it also appears the door may have been slightly ajar which allowed the key to "open" it). The ranger yesterday that testified stated he has no proof that the door flashed "red" or that it wasn't the door and that he could not testify that she would have been able to know that the door was not hers based on the locking mechanism for the door.

Texas Penal Code § 19.04. Manslaughter
(a) A person commits an offense if he recklessly causes the death of an individual.
(b) An offense under this section is a felony of the second degree.

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.

Reckless is drawing a weapon on someone in their own home and taking two shots at them missing them with one and killing them with the other.

[jewozzy]

Reckless is drawing a weapon on someone in their own home and taking two shots at them missing them with one and killing them with the other.

Yes, its reckless, but it isn't the definition in the penal code which is what we convict people with.

[Ruffdaddy]

Not anymore. But I am quoting the law....

So in ANY WORLD...and I truly mean ANY world...aside from cop protecting a cop...

Going into someone else's home and shooting them is reckless.

Anyone that knows what a firearm is knows that if you shoot someone they have a high chance of death.

This is as clear cut as it gets unless you are a cop trying to protect a cop.

You truly believe what you are saying and its so sad that you do. This is why trust in law enforcement is fading, and you're showing what that lack of trust is well earned.

[Ruffdaddy]

Yes, its reckless, but it isn't the definition in the penal code which is what we convict people with.

How is it not?

[jewozzy]

So in ANY WORLD...and I truly mean ANY world...aside from cop protecting a cop...

Going into someone else's home and shooting them is reckless.

Anyone that knows what a firearm is knows that if you shoot someone they have a high chance of death.

This is as clear cut as it gets unless you are a cop trying to protect a cop.

You truly believe what you are saying and its so sad that you do. This is why trust in law enforcement is fading, and you're showing what that lack of trust is well earned.

I am not disagreeing with you at all. I agree it was reckless. However, you keep quoting a law based on nothing because you do not know the legal definition of "Manslaughter". Legally (which is what we use to convict people with and not or own opinions) she will get off.

I've said the entire time she won't be convicted because unfortunately it does not meet the culpable mental state of any crime, not that I agree with it.

[jewozzy]

How is it not?

I've already quoted from the penal code multiple times the definition. You keep choosing to either ignore it or state your own opinions.

[Ruffdaddy]

I've already quoted from the penal code multiple times the definition. You keep choosing to either ignore it or state your own opinions.

You are just bolding with no context.

Tell me how this doesnt meet the requirements of manslaughter per the law. I've already said how.it does...you're just sticking your head in the sand.

Then show me a case that does.

[jewozzy]

You are just bolding with no context.

Tell me how this doesnt meet the requirements of manslaughter per the law. I've already said how.it does...you're just sticking your head in the sand.

Then show me a case that does.

Bolding with no context? I'm pasting the law from the Texas Penal Code.....