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If her account is correct, she deliberately shot an intruder in the dark, in her apartment - is that any different to forgetting there is a baby in the back seat?
Yes, it is.
When police officer (or anyone) draws a gun in preparation to kill someone without taking a glance at the surroundings--which is a basic situational awareness combat skill under any circumstances--that is far worse negligence than forgetting the baby in the back seat.
If her account is correct, she deliberately shot an intruder in the dark, in her apartment - is that any different to forgetting there is a baby in the back seat?
Both tragic ends. One is a mistake, if they truly didn’t deliberately keep the kid in the car & the other was deliberate. End of story.
When police officer (or anyone) draws a gun in preparation to kill someone without taking a glance at the surroundings--which is a basic situational awareness combat skill under any circumstances--that is far worse negligence than forgetting the baby in the back seat.
Quote:
Originally Posted by thefragile
Both tragic ends. One is a mistake, if they truly didn’t deliberately keep the kid in the car & the other was deliberate. End of story.
If the shooter believed there was an intruder in her apartment, wouldn't she assume the worst -doesn't Texas law state that a homeowner has no obligation to retreat in such situations?
If the shooters account is truthful, wasn't that also a mistake? -you are allowed to shoot intruders, if I'm reading Texas law correctly.
If the shooter believed there was an intruder in her apartment, wouldn't she assume the worst -doesn't Texas law state that a homeowner has no obligation to retreat in such situations?
If the shooters account is truthful, wasn't that also a mistake? -you are allowed to shoot intruders, if I'm reading Texas law correctly.
But he wasn't an intruder. It wasn't her home. Doesn't matter what she thought.
And the reason it's worse is because she is a trained professional whose job includes protecting the public.
When police officer (or anyone) draws a gun in preparation to kill someone without taking a glance at the surroundings--which is a basic situational awareness combat skill under any circumstances--that is far worse negligence than forgetting the baby in the back seat.
Unfortunately she has no clue she is not in her apartment. The floor plan has a hall from the front door to the living area that would appear exactly the same as her apartment until she penetrated and turned the lights on. By then it is too late.
Unfortunately she has no clue she is not in her apartment. The floor plan has a hall from the front door to the living area that would appear exactly the same as her apartment until she penetrated and turned the lights on. By then it is too late.
Doesn't matter. It wasn't her apartment. She had no right to enter it let alone murder the man living there. It was her responsibility to know where her apartment was, and to know that one wasn't hers.
Doesn't matter. It wasn't her apartment. She had no right to enter it let alone murder the man living there. It was her responsibility to know where her apartment was, and to know that one wasn't hers.
She is liable. The question is did she also commit a crime.
That immediately gets into the question of a presumed perpetrator not complying with a police officers instructions and causing the officer to fear for her safety. She could be convicted but I think it likely that at least one juror will buy that defense.
And note the real civil issue will be over the responsibility of DPD for the shooting. Was she overtired and exhausted by the shift? Was she under trained? The officer will not make any sort of a reasonable settlement for the death. The Jean family needs to get at the deep pockets and that is DPD. So you may see all sorts of weird alliances before this one is done.
If her account is correct, she deliberately shot an intruder in the dark, in her apartment - is that any different to forgetting there is a baby in the back seat?
I don't think it is any different, if she wasn't aware she was shooting an innocent person in his apartment. It's very negligent at least though, maybe reckless.
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