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That's not how the law works. Criminal negligence needs to meet certain criteria. For example, daydreaming in your car (but not speeding, or driving under the influence) would not constitute criminal negligence. And nor it should - punishing someone to prison won't bring the person back. Two wrongs don't make a right.
A cop should be held to a higher standard. We arm them and train them to use that firearm with judgement and discretion. She was either poorly trained or simply a poor excuse for an LE if her first inclination is to merely start shooting at shadows.
Either way, she should be held to a higher standard than someone daydreaming in their car.
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Originally Posted by mtl1
Maybe but that doesn't really change anything if she still thought she was confronting an "intruder" in "her apartment" and is a different scenario from saying she knew it wasn't her apartment and went there to shoot the guy.
I realize that - but the Castle Doctrine doesn't cover walking into your home knowing ahead of time an intruder is in there, and killing them. The Castle Doctrine covers you if you're IN the home and suddenly fear for your life or your family's lives when an intruder enters.
For her to have done this - in the DARK - is terrible.
(At first I thought she was completely startled and reflexively grabbed her gun and shot, but that doesn't appear to be the case anymore).
A cop should be held to a higher standard. We arm them and train them to use that firearm with judgement and discretion. She was either poorly trained or simply a poor excuse for an LE if her first inclination is to merely start shooting at shadows.
A cop should be held to a higher standard but are they not trained to shoot first and ask if it was legit later?
What was her motive to go to his apartment and murder him? Seems she would've claimed he tried to attack her if that was the case. She reportedly only claimed she shot at a silhouette in the darkness.
We don't yet know if she was impaired. According to reports there was a recent history of multiple noise complaints from neighbors below Jean and she lived below him. She may have had past contact with him. Maybe she was feeling confident and wanted to confront him or scare him in the middle of the night with her uniform and gun, things went bad fast and she lost it. Perhaps forensics would not support a claim that he was attacking her so she went with her wrong apartment story.
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??
Texas doesn't officially use the term 2nd degree murder. The equivalent in Texas is known as just "murder," which is a first degree felony. One of the three murder standards is that:
"The defendant intended to cause serious bodily injury and committed an act that was clearly dangerous to human life and this act caused the death of an individual"
This is purely conjecture, but from the photos of the Dallas police officer, she looks like she might be a druggie. I say this as a former rehab professional. Only 30 yrs. old, and she already has pronounced 'raccoon eyes.'
I think there will eventually be much more to this story. She said the door was ajar. Who leaves their door ajar in a large apartment building in a big city? Neighbors said they heard her bang on the door and shout let me in. A trained officer would not fire at a shadow without seeing a gun, knife, or other deadly weapon. They train on this stuff backwards and forwards. She would have backed away and called for back-up.
We don't yet know if she was impaired. According to reports there was a recent history of multiple noise complaints from neighbors below Jean and she lived below him. She may have had past contact with him. Maybe she was feeling confident and wanted to confront him or scare him in the middle of the night with her uniform and gun, things went bad fast and she lost it. Perhaps forensics would not support a claim that he was attacking her so she went with her wrong apartment story.
I don't think she went to his apartment to confront him. I think most likely she negligently went to his apartment thinking she was going home to her apartment. Then she was too quick to shoot an "intruder".
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