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She is going to argue he was charging her and did not comply when told to raise his arms. Sufficient for "reasonable doubt"...Texas jury? i would think the odds favor the officer.
It seems too late for her to claim that now. Apparently she is claiming she saw a silhouette who ignored her "voice commands" though. It still could be manslaughter or criminally negligent homicide at the least since she was negligent by being there in the first place. https://statutes.capitol.texas.gov/D.../htm/PE.19.htm
Quote:
1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
Quote:
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
So if her argument is that she was startled or frightened that might only reduce the sentencing from 1st degree felony to 2nd degree felony.
Why would she bang on the door when she could just use her key to enter and confront the intruder?
Her key wasn't working because it wasn't her door. She didn't realize that though.
In theory she went to the door thinking it was hers, tried to use her key, was having issues (obviously) so she put down her packages, heard someone inside and banged on the door, he opened and at some point she shot him. That's what witness reports would suggest.
According to her she went to the door thinking it was hers, tried to use her key, the door opened on it's own because it was a bit ajar, she put down her packages, went inside her dark apartment and saw a shadow, yelled some verbal commands at the shadow, the shadow ignored what she said so she shot the shadow. Afterwards she realized it was not her apartment.
Why would she bang on the door when she could just use her key to enter and confront the intruder?
I think she did try to use her key. Maybe would bang on the door if she thought the "intruder" was holding it closed. But I don't really buy the banging on the door reports. If she banged on the door, why didn't she just say she heard the "intruder"?
Her key wasn't working because it wasn't her door. She didn't realize that though.
In theory she went to the door thinking it was hers, tried to use her key, was having issues (obviously) so she put down her packages, heard someone inside and banged on the door, he opened and at some point she shot him. That's what witness reports would suggest.
According to her she went to the door thinking it was hers, tried to use her key, the door opened on it's own because it was a bit ajar, she put down her packages, went inside her dark apartment and saw a shadow, yelled some verbal cammands at the shadow, the shadow ignored what she said so she shot the shadow. Afterwards she realized it was not her apartment.
I'm thinking the door was closed but unlocked and she bumped it open and probably yelled something at the poor victim and within seconds started firing. Called 911 and turned on the lights and realized she was not in her apartment and went outside to see what apartment number it was.
I'm thinking the door was closed but unlocked and she bumped it open and probably yelled something at the poor victim and within seconds started firing. Called 911 and turned on the lights and realized she was not in her apartment and went outside to see what apartment number it was.
Yeah that sounds plausible. No matter what I don't think the victim had much time to register what was happening.
I'm thinking the door was closed but unlocked and she bumped it open and probably yelled something at the poor victim and within seconds started firing. Called 911 and turned on the lights and realized she was not in her apartment and went outside to see what apartment number it was.
Yeah that sounds plausible. No matter what I don't think the victim had much time to register what was happening.
And from what I can see from other shootings, there is zero consideration by officers whether the victim is actually registering what is happening before they leap to "uncooperative" and begin shooting.
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