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Old 09-11-2018, 10:50 AM
 
19,650 posts, read 12,239,759 times
Reputation: 26443

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Quote:
Originally Posted by Dane_in_LA View Post
It might be safest, but I'm for sure not seeing where it acts as a defense for the violent intruder.
It does not and it should not. This officer is fully responsible for her actions. This wasn't a raid, it was her error and the young man must have been very bewildered.
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Old 09-11-2018, 10:55 AM
 
6,617 posts, read 5,014,844 times
Reputation: 3689
Quote:
Originally Posted by Mathguy View Post
Just because you don't like someones race or profession or whatever doesn't mean you get to reinvent legal definitions because you're angry.

Unless it turns out there was more to it than her being an idiot, manslaughter is the proper charge unless you want them to intentionally charge her with the wrong crime so she gets off scott-free??

https://criminal.findlaw.com/crimina...-overview.html
Why do you think the poster dislikes the cops profession or race? I think its a valid question if the roles were reversed you would probably see a different reaction.
There clearly is some information that is missing, for the shooting to be warranted the guy would have to have charged at the cop just finding someone sleeping in your house doesnt warrant you shooting them right?
I can see how the family of the victim can think something is off, it might not be, I do think you would have a hard time getting anything but a manslaughter charge with the information we currently have anyway,
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Old 09-11-2018, 11:05 AM
 
Location: Chicago, IL
8,851 posts, read 5,881,216 times
Reputation: 11467
Quote:
Originally Posted by tamajane View Post
It does not and it should not. This officer is fully responsible for her actions. This wasn't a raid, it was her error and the young man must have been very bewildered.
It should not be (and it may not be in this case), but compliance in general (again this case has different circumstances) is the safest action. You are correct that it is her error, she is fully responsible, and complying shouldn’t be necessary. However, in certain instances (again, I’m not talking about this case), it may be the safest thing to do when dealing with cops even when they are in the wrong.
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Old 09-11-2018, 11:36 AM
 
78,436 posts, read 60,640,522 times
Reputation: 49743
Quote:
Originally Posted by DUNNDFRNT View Post
Why do you think the poster dislikes the cops profession or race? I think its a valid question if the roles were reversed you would probably see a different reaction.
There clearly is some information that is missing, for the shooting to be warranted the guy would have to have charged at the cop just finding someone sleeping in your house doesnt warrant you shooting them right?
I can see how the family of the victim can think something is off, it might not be, I do think you would have a hard time getting anything but a manslaughter charge with the information we currently have anyway,
Because they trotted both of those things out in their post.

The shooting isn't warranted even if he did try to tackle her thinking she was a robber....otherwise it would be the easiest way to murder people EVER.

Assuming we have all the facts and she accidentally entered the wrong place, that's manslaughter.
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Old 09-11-2018, 11:39 AM
 
78,436 posts, read 60,640,522 times
Reputation: 49743
Quote:
Originally Posted by personone View Post
It should not be (and it may not be in this case), but compliance in general (again this case has different circumstances) is the safest action. You are correct that it is her error, she is fully responsible, and complying shouldn’t be necessary. However, in certain instances (again, I’m not talking about this case), it may be the safest thing to do when dealing with cops even when they are in the wrong.
I think we can generally agree that complying with the police is a good idea.

In this instance, we don't know what occurred other than one side of the story that is trying to stay out of jail. (Unless a neighbor heard the whole thing etc.)
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Old 09-11-2018, 11:47 AM
 
Location: Florida
76,971 posts, read 47,659,569 times
Reputation: 14806
Quote:
Originally Posted by jacqueg View Post
Actually, it couldn’t happen to anyone. For instance, it couldn’t happen to someone who wasn’t carrying a gun.
Not the shooting. I mean entering the wrong apartment could happen to anyone. The buildings are identical at many apt complexes.
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Old 09-11-2018, 12:07 PM
 
42,732 posts, read 29,894,256 times
Reputation: 14345
Quote:
Originally Posted by Finn_Jarber View Post
Not the shooting. I mean entering the wrong apartment could happen to anyone. The buildings are identical at many apt complexes.
That's why Jean had placed a vivid red doormat in front of his door. To distinguish it from everyone else's. Plus the lit door number next to the door. She evidently was so exhausted she wasn't paying attention.
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Old 09-11-2018, 01:17 PM
 
28,678 posts, read 18,806,457 times
Reputation: 30998
Quote:
Originally Posted by Mathguy View Post
I think we can generally agree that complying with the police is a good idea.

In this instance, we don't know what occurred other than one side of the story that is trying to stay out of jail. (Unless a neighbor heard the whole thing etc.)
I have no doubt whatsoever that the victim failed to comply rapidly enough to avoid being killed.

Almost nobody suddenly accosted in the dark in his own home by someone who has just broken in is going to comply quickly enough to avoid being killed by police today...unless they're professional criminals who have experience with being arrested.
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Old 09-11-2018, 01:36 PM
 
78,436 posts, read 60,640,522 times
Reputation: 49743
Quote:
Originally Posted by Finn_Jarber View Post
Not the shooting. I mean entering the wrong apartment could happen to anyone. The buildings are identical at many apt complexes.
My friend just recently had this happen at her apartment. Drunk guy trying to put his key in her lock. She yelled wrong apartment at him through the door and he stumbled off.
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Old 09-11-2018, 01:53 PM
 
Location: Houston
26,979 posts, read 15,899,377 times
Reputation: 11259
Quote:
Originally Posted by Ralph_Kirk View Post
I have no doubt whatsoever that the victim failed to comply rapidly enough to avoid being killed.

Almost nobody suddenly accosted in the dark in his own home by someone who has just broken in is going to comply quickly enough to avoid being killed by police today...unless they're professional criminals who have experience with being arrested.
Ditto. This ain’t the standard cop versus citizen encounter.
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