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Manslaughter in Texas means the person acted recklessly. Not an error nor negligence, it's more serious.
(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.
Well if that is the case she was not aware then she may only be guilty of the next lower charge from manslaughter, criminally negligent homicide.
Quote:
(d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of 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 the failure to perceive it 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.
That seems clear she was criminally negligent if not reckless.
Nope. Sometimes one makes an error. Negligence requires some level of not caring or not doing that which is required. Simply being wrong is not negligent.
Yes just being wrong or making an error is negligent whether you are aware of it at the time or not. You're expected to not neglect identifying your own apartment before entering. To not do so is negligent in all cases. What you're describing would be beyong negligent and would be reckless.
Strange story. I read they found drugs in his apartment. It’s possible they knew each other and she went there for a score after work. Things went south, he gets shot, and she makes up the wrong apartment story.
Strange story. I read they found drugs in his apartment. It’s possible they knew each other and she went there for a score after work. Things went south, he gets shot, and she makes up the wrong apartment story.
But it doesn't make sense. Why would things go south? Why then wouldn't her story be she was visiting a neighbor to chit chat and things went south and he went for my service weapon. You know something less incriminating of herself.
So far I believe she just entered the wrong apartment and was quick to shoot in mistaken identity.
Strange story. I read they found drugs in his apartment. It’s possible they knew each other and she went there for a score after work. Things went south, he gets shot, and she makes up the wrong apartment story.
It’s also possible she thought he was a deer and she was in the mood for venison.
Person enters wrong apartment and shoots the homeowner.
The person that entered and shot the homeowner is 100% at fault.
D
Anything else added to that is forked snake tongue lawyer talk.
Basically. You'd think all the people so gung ho about protecting their property and the rights they have once someone on their property would be speaking up.
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