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Old 09-15-2018, 10:54 PM
 
Location: Los Angeles
1,870 posts, read 2,380,060 times
Reputation: 2032

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Quote:
Originally Posted by Synopsis101 View Post
She has a huge plant in front of her apartment?
The plant is on her floor, but not in front of her apartment. It could be quite a distance from her place.
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Old 09-15-2018, 10:56 PM
 
19,966 posts, read 7,834,045 times
Reputation: 6556
Quote:
Originally Posted by elan View Post
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.
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Old 09-15-2018, 11:03 PM
 
19,966 posts, read 7,834,045 times
Reputation: 6556
Quote:
Originally Posted by lvmensch View Post
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.
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Old 09-15-2018, 11:32 PM
 
Location: New Jersey
16,872 posts, read 10,528,772 times
Reputation: 16404
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.
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Old 09-15-2018, 11:37 PM
 
19,966 posts, read 7,834,045 times
Reputation: 6556
Quote:
Originally Posted by MJJersey View Post
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.
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Old 09-15-2018, 11:45 PM
 
Location: Houston
26,979 posts, read 15,837,968 times
Reputation: 11259
Quote:
Originally Posted by MJJersey View Post
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.
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Old 09-16-2018, 12:03 AM
 
Location: My House
34,937 posts, read 36,146,705 times
Reputation: 26547
They were involved somehow.

She yelled for him to open the door.

I guess he opened it to quiet her, then she shot him once she got in.

Who cares if he had pot? Pot isn’t a reason to shoot anyone.
__________________
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Old 09-16-2018, 06:50 AM
 
11,186 posts, read 6,482,170 times
Reputation: 4620
Quote:
Originally Posted by lvmensch View Post
The officer made an accidental error. Where was she negligent? Negligent and wrong are not the same thing.
At this rate, by tomorrow you'll want to give her a medal for bravery in the face of a large shadow.

She intentionally fired her gun twice, causing his death. The burden should be on her at trial to claim she acted in self-defense.

Jean had a greater legal right to shoot her than she did to shoot him.
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Old 09-16-2018, 07:17 AM
 
8,104 posts, read 3,944,083 times
Reputation: 3070
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.

Last edited by J746NEW; 09-16-2018 at 07:45 AM..
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Old 09-16-2018, 07:30 AM
 
Location: East Chicago, IN
3,100 posts, read 3,293,596 times
Reputation: 1697
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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