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Should she go to jail? Well it clearly was an accident driven by a series of unlikely coincidences that led to a terrible outcome. So do we punish criminally for an unfortunate accident?[/QUOTE]
Actually, yes. A few posts above someone has linked a case where a Texas man has been given 13 years for being found guilty of an accident. No question about it: Accident. Also no question that he was given 13 years in prison.
Actually, yes. A few posts above someone has linked a case where a Texas man has been given 13 years for being found guilty of an accident. No question about it: Accident. Also no question that he was given 13 years in prison.
I would think it a matter of the circumstances. If messing around in a manner that allowed an accident to occur you could well have a manslaughter. But a cop proceeding as a cop should? A little harder to deal with.
I agree. That’s why I was saying there are way too many things that don’t add up for her to claim she didn’t realize she was in the wrong apartment. If I had to guess what happened just based on what I know, she may have gone up there frustrated after a long day of work (maybe there was some loud music involved, which she had problems with in the past) and she may have wanted to scare him or let off some steam/yell at him..
There had been complaints about noise coming from Jean's apartment. He also loved music and loved to sing. My theory from the beginning is that she went up there to complain about noise because she wanted to sleep. But I don't know for sure.
I find it bizarre how she got into his apartment. The doors swing shut! So it's obvious she already lied about the door being "ajar". There are numerous videos of apartment residents there demonstrating how the doors swing shut. It couldn't have been ajar unless he propped it open for some reason. But why would he even want his door open at that time of night? I know that area of Dallas very well and it's not necessarily the safest place to live; nobody there would leave their door open at night.
the only explanation is that she banged on the door (which witnesses heard) and he opened the door wanting to know what was going on. A witness him say "Oh my God, why did you do that?"
And if she was drug tested those results were never released.
I would think it a matter of the circumstances. If messing around in a manner that allowed an accident to occur you could well have a manslaughter. But a cop proceeding as a cop should? A little harder to deal with.
Um, no, she was off-duty and not in her cop role at the time. She had no right to shoot him she could have simply walked away and called 911.
If I thought a burglar was in my home, the last thing I'd do is walk inside. Good grief. The law only allows people to use reasonable force to defend themselves. He wasn't attacking or threatening her. She wasn't trapped anywhere. She chose to go into the apartment.
There had been complaints about noise coming from Jean's apartment. He also loved music and loved to sing. My theory from the beginning is that she went up there to complain about noise because she wanted to sleep. But I don't know for sure.
I find it bizarre how she got into his apartment. The doors swing shut! So it's obvious she already lied about the door being "ajar". There are numerous videos of apartment residents there demonstrating how the doors swing shut. It couldn't have been ajar unless he propped it open for some reason. But why would he even want his door open at that time of night? I know that area of Dallas very well and it's not necessarily the safest place to live; nobody there would leave their door open at night.
the only explanation is that she banged on the door (which witnesses heard) and he opened the door wanting to know what was going on. A witness him say "Oh my God, why did you do that?"
And if she was drug tested those results were never released.
My door swings closed also, but sometimes due to the air pressure, like when the HVAC is running, the pressure stops the door short from latching and have to give it a little nudge, that and along with the little weatherstrip thing.
Um, no, she was off-duty and not in her cop role at the time. She had no right to shoot him she could have simply walked away and called 911.
If I thought a burglar was in my home, the last thing I'd do is walk inside. Good grief. The law only allows people to use reasonable force to defend themselves. He wasn't attacking or threatening her. She wasn't trapped anywhere. She chose to go into the apartment.
She was off-duty, but she still does not give up her legal authority as a cop when off duty, and can arrest a person all the same. Though depends on the department, the norm is though that when off duty, unless it is an actual emergency, they rather the cop just do as a non-cop would do, but have no idea if this is official guidance for her department or not, and really, it seems not a relevant factor in this incident anyway. If she was on-duty, I do not see how that would change anything.
The banging on the door event has not been proved, nor was the exact timing. Those two witnesses were not even on the same floor. We will have to wait for the hearing to see how that pans out.
The banging on the door event has not been proved, nor was the exact timing. Those two witnesses were not even on the same floor. We will have to wait for the hearing to see how that pans out.
Witnesses are wrong often enough, they are actually wrong a lot of times, experiments have shown this, actual court cases have shown this, objective evidence has shown this.
If we sweep everything else out of the way, there are some facts that can not be denied.
1) The man killed was lawfully in his own apartment, doing nothing illegal.
2) He is now dead. There is no bringing him back.
3) She is a trained professional, who should know proper restraint and how to handle stressful situations.
4) SHE went to the wrong apartment, an apartment on a completely different floor, and one that looked nowhere like hers. Did not she wonder about the red mat ?
There were so many things that should have made her stop and wonder why they looked different, but she barges in and blasts away at an innocent man who was just relaxing in his own residence. So very bizarre.
If we sweep everything else out of the way, there are some facts that can not be denied.
1) The man killed was lawfully in his own apartment, doing nothing illegal.
2) He is now dead. There is no bringing him back.
3) She is a trained professional, who should know proper restraint and how to handle stressful situations.
4) SHE went to the wrong apartment, an apartment on a completely different floor, and one that looked nowhere like hers. Did not she wonder about the red mat ?
There were so many things that should have made her stop and wonder why they looked different, but she barges in and blasts away at an innocent man who was just relaxing in his own residence. So very bizarre.
Agree and even if he was confrontational, like duh, some stranger just walked into his apartment, then pulls a damn gun on him and starts ordering him around. If he would have shot and killed her, he would have been justified in my opinion.
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