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Too many "accidental errors." Parking on the wrong floor.
Not realizing it all the way to an apartment with a different number beside the door. This is where "accidental error" stops.
Then...
Not seeing or feeling a mat in front of the door. Who does that?
When her key card didn't unlock the door, not stepping back to wonder why. Who does that?
If she found the door unlocked, not stepping back to wonder why. Who does that?
If the door was locked and Jean opened it, not wondering for a moment if she were not at the wrong apartment. Who does that?
If the door was open and she entered, not realizing it wasn't her apartment. Who does that?
Person who has just finished a long shift and is not all there. She actually made the single error of parking on the wrong floor. She then went onto autopilot and failed to pick up any of the clues that she was wrong.
I can come up with no rational way the victim opened the door. That would have led to intense dialog which likely would have resolved the situation or at least would have localized the conflict to the area of the door. I am as big a guy as the victim and opening the door to a scary broad pulling a gun would have had me slamming the door every time. Almost by reflex. If I decided it was a cop I might have raised my hands or acted otherwise compliant. But there is no way I back away.
She was negligent for mistaking and entering someone else's apartment for her own. This whole thing wouldn't have happened if not for that negligent act. Negligent, accidental error and wrong mean the same thing. You don't have to intend to kill someone for manslaughter, you just have to be careless or negligent.
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.
CNN video inside the aprtment shows a half eaten bowl of cereal - he was eating on the couch and was interrupted - likely NOT in the dark. Video also show a lighted apartment number in the hallway..
Based on the video - the floorplan appears to be a reverse/flipped version of A3 - with a bullet hole in the wall - the cop would have a to be in the apartment and shot an angle across the main room - from inside the entrance area to the far opposite wall.
But even your first link admits that NBC retracted that "anonymous Dallas police officers" story. So now NBC and the police department are in on the conspiracy?
edit: I see what's going on. The search warrant says he answered the door but the arrest warrant says he was across the room which also the evidence at the scene supports..
Quote:
a search warrant written on Sept. 7 and signed by Judge Brandon Birmingham tells a different story. An officer within the police department told the Dallas Morning News that the search warrant was written before Guyger was interviewed.
“An off-duty Dallas Police Officer, who was wearing a full Dallas Police uniform, was attempting to enter apartment number 1478, with a set of keys,” it says. “An unknown male, inside the apartment, confronted the officer at the door. A neighbor stated he heard an exchange of words, immediately followed by at least two gunshots.”
While the arrest warrant describes Jean as being “across the room,” the search warrant says he confronted Guyger at his door.
The Morning News reported that evidence found at the crime scene supports Guyger’s account that Jean was across the room when he was shot.
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.
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