Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Determining if the officer saw a gun is probably an impossibility, especially since the cop that was behind him didn’t see a gun, the body cam footage doesn’t show a gun, and his verbal commands are consistent with him NOT seeing a gun. For it to even be considered, the defense will have to establish that he did in fact see it, in her hand, pointed at him. Do you think the defense will be able to do that?
Anyway, I’ve never been involved in a capital murder case, but I have a hard time believing it would a mitigating factor, when legally, her having a gun, even if it were pointed at the window, is irrelevant.
In Texas, there is "murder" and there is "capital murder."
In a case involving a death by "deadly force" (i.e., a firearm), if the facts determine that someone deliberately aimed the weapon, pulled the trigger, and killed the person he was aiming at, then either the situation was justifiable homicide or it was "murder."
"Manslaughter" is reserved for accidents, unintentional firearm discharges, or having shot someone other than the intended person.
If there are aggravating circumstances, such as premeditation or murder during the commission of another crime, the charge can be raised to "capital murder." A plain "murder" charge includes the consideration that there was no premeditation.
A murder conviction can bring a penalty of 5 to 99 years. A capital murder conviction can range up to the death penalty. The wide range of sentence for a plain murder conviction provides room for the sentencing entity (judge or jury) to consider mitigating circumstances.
"Self-defense" is not a permitted defense in Texas to the person who instigated the incident.
Not sure one white woman and one white man are indicative of all the same in Ft Worth.
We'll see. Personally, I don't see the value to society of locking a man up for life assuming he with no ill intent stupidly took a life in the course of his job. Bar him from that job, lock him up for a while and pay the family from the FW coffers for their loss.
If he's convicted of ordinary murder, the maximum penalty is 5 to 99 years. The reason the range is so long is to give the sentencing entity (judge or jury) room to consider mitigating circumstances.
Unless something the child has to say establishes he could have seen the gun, it will boil down to the ex-officers testimony if he chooses to testify. Will that be a fact? No. The jury will have to decide if they find his testimony credible that he saw a gun if that's what he says. No way to know at this point if he will be a credible witness or not.
Not to quibble, but this isn't a capital murder case as that would mean a death penalty.
Oops! You’re right. Thanks!
Quote:
In any case a mitigating factor does not apply to guilty or innocent, it applies to how long of a sentence someone receives.
If jurors perceive that she had a right to point a gun and/or shoot but also perceive that he had a right to self defense because he was facing a homeowner shooting him, I can see them at a stalemate where they convict him of murder or manslaughter because he created the deadly situation, but then giving him a shorter sentence because they recognize he perceived he was facing a life/death situation. JMO.
When the cop, without legal justification, created the life and death situation, he loses the ability to argue self defense.
If I were to go to my local Stop and Rob, produce a handgun, and demand that the clerk give me the contents of the cash register, the clerk then produces their own gun, and I shoot the clerk, I can’t raise a self defense argument as a legal justification for shooting the clerk.
It’s the same with this cop. The defense will likely raise that argument, but the prosecutor should have little trouble shutting that down.
In Texas, there is "murder" and there is "capital murder."
In a case involving a death by "deadly force" (i.e., a firearm), if the facts determine that someone deliberately aimed the weapon, pulled the trigger, and killed the person he was aiming at, then either the situation was justifiable homicide or it was "murder."
"Manslaughter" is reserved for accidents, unintentional firearm discharges, or having shot someone other than the intended person.
If there are aggravating circumstances, such as premeditation or murder during the commission of another crime, the charge can be raised to "capital murder." A plain "murder" charge includes the consideration that there was no premeditation.
A murder conviction can bring a penalty of 5 to 99 years. A capital murder conviction can range up to the death penalty. The wide range of sentence for a plain murder conviction provides room for the sentencing entity (judge or jury) to consider mitigating circumstances.
Thanks!
Quote:
"Self-defense" is not a permitted defense in Texas to the person who instigated the incident.
A point I’ve made several times already. Thanks for reiterating it, a some just don’t get it.
Yes, some people are clueless... unable to see the constant life and death situations these young officers are forced into on a daily basis and then blaming them and wanting to send them to prison.. if society and some of these communities can get back to respecting authority and human life, I bet these shootings go WAAAY down.
You're right. Some people are clueless. If you would read your history, it has been constant life and death situations for blacks on a daily basis. Why respect "authority" when "authority" doesn't respect our human life.
Yeah why didn't he just go over there and check on her if he was that concerned about it? This guy blew it a little bit by even calling the cops in the first place IMO.
"911 what is your emergency?"
"Neighbor lady has her door open and lights on!!!"
"Okay, we'll send the shooters in."
Yeah don't do that unless it is actually an emergency unless you want to risk something ridiculous like this happening. The cops are bad news and ain't your friends.
This is what "neighbors" do. The police do welfare checks all the time. He did the right thing by calling the police. If these officers had followed procedures by say knocking on the front door, this would not have become a tragedy.
Don't fault the neighbor. He was looking out for his neighbor.
Last edited by SlimMoeDee; 10-17-2019 at 12:02 AM..
Yeah why didn't he just go over there and check on her if he was that concerned about it? This guy blew it a little bit by even calling the cops in the first place IMO.
"911 what is your emergency?"
"Neighbor lady has her door open and lights on!!!"
"Okay, we'll send the shooters in."
Yeah don't do that unless it is actually an emergency unless you want to risk something ridiculous like this happening. The cops are bad news and ain't your friends.
He did not call 911, he called the non-emergency line.
He saw something was a bit out of the ordinary, and called the police to come check. He did the right thing, certainly did not do anything wrong, unethical, etc.
Cops do welfare checks, non-emergency calls all of the time.
On the flip side, if he did go over there, and there was an issue, and he got killed, then you would have probably been on here screaming "he should have called the cops".
This is what "neighbors" do. The police do welfare checks all the time. He did the right thing by calling the police. If these officers had followed procedures by say knocking on the front door, this would not have become a tragedy.
Don't fault the neighbor. He was looking out for his neighbor.
Neighbors actually get off their lazy backside and walk over to the house and check themselves first before wasting the time of law enforcement.
Too many kept children who rely on government.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
And par for the course. 
The Stupid Things People Say
