General Here we go again - wtf m8's. Cop comes to woman's house, kills her.

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Filthy

Filthy

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also- he deserved to have a gun pointed at him. Maybe not his fault that a gun was pointed at him, but he deserved it.
 
Filthy

Filthy

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JonJonesBeard said:
It will be when he pleads self defense and murder goes out the window where manslaughter would have stuck.
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he won't have a legal leg for self-defense.

he was trespassing and he violated department protocol. Manslaughter is not an option for the DA when there is no disputing that he intended to kill her.
 
BeardOfKnowledge

BeardOfKnowledge

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Filthy said:
also- he deserved to have a gun pointed at him. Maybe not his fault that a gun was pointed at him, but he deserved it.
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Absolutely his fault that a gun ended up pointed at him, he created the circumstances under which all this nonsense went down. There are definitely a few things about the victims actions that leave me confused, but that isn't one of them.
 
BeardOfKnowledge

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Filthy said:
he won't have a legal leg for self-defense.

he was trespassing and he violated department protocol. Manslaughter is not an option for the DA when there is no disputing that he intended to kill her.
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"Trespassing" is going to be a bit of a stretch. From what I understand he was sent to the property.
 
Splinty

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In order to be charged with murder, the defendant must have knowingly and willingly caused the death of another person. The biggest distinguishing factor between murder and manslaughter involves the intent of the perpetrator. If the defendant intended to cause serious bodily harm or death, or intended to commit a felony other than manslaughter that resulted in death, he or she can be charged with murder.

The distinction between capital murder and murder is made when the killing was committed in a way that can result in capital punishment in Texas. Some of the criteria for capital murder include killing a police officer or firefighter, having been paid to commit murder, murdering someone in prison, or killing more than one person.

With regard to capital murder, obviously, the punishment can result in the execution of the defendant. A defendant who is convicted of capital murder could also be given life in prison without the possibility of parole. A murder charge without capital implications, on the other hand, is a first-degree felony which can result in anywhere from 5 to 99 years in prison and a fine of no more than $10,000.

Several defenses, such as insanity or a crime of passion defense, can result in lesser charges or penalties in murder cases.

Manslaughter

Many states have two different forms of manslaughter: voluntary and involuntary. Texas, however, combines these two charges into one and has enhanced penalties for certain aggravating factors.

To be convicted of manslaughter, a defendant must be proven beyond reasonable doubt to have recklessly caused the death of another person. As opposed to murder, intent does not need to be proven in order to convict someone of manslaughter.

While Texas does not distinguish between voluntary and involuntary manslaughter, it is the only state that has a specific crime known as “intoxication manslaughter,” which is reserved for when a death is caused by someone who was impaired by drugs or alcohol. This charge most often applies to impaired motorists. All manslaughter charges in Texas are second-degree felonies which carry prison sentences of 2 to 20 years and fines up to $10,000. Intoxication manslaughter may also result in minimum sentencing (meaning you must serve a certain period of time before being eligible for parole) and a mandatory 240-800 community services hours.
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In both cases self-defense will be a defense to prosecution. The state gains nothing by moving to manslaughter from murder, other than if you have a jury that feels bad convicting the cop.

The cop intended to kill her (it will be hard to argue that a cop shot to NOT kill). If there is not a defense to prosecution, it will stick. Likewise, if there is a self-defense plea that is passable to the judge or jury, it will just as well let the cop off for either charge.



I was typing this, I looked this up -- am I the only one that missed he was already charged with murder??

Former Fort Worth Officer Charged With Murder In Fatal Shooting Of Woman In Her Home
 
BeardOfKnowledge

BeardOfKnowledge

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Filthy said:
not literally trespassing, LoL.

but from the perspective of the person pointing a gun at him...
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Bungling your job and it resulting in death is pretty much the definition of manslaughter. If he drew on her and opened fire while she was making a sandwich, yeah, it's murder. If he shot her because she pointed a gun at him it probably ain't gonna happen.
 
Filthy

Filthy

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JonJonesBeard said:
Bungling your job and it resulting in death is pretty much the definition of manslaughter. If he drew on her and opened fire while she was making a sandwich, yeah, it's murder. If he shot her because she pointed a gun at him it probably ain't gonna happen.
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what part of Texas law are you basing that on? from what I understand, it's pretty straight-forward in Texas. Intent to kill = Murder. There's no exemption for police beyond qualified immunity. And has high as that hurdle is, killing an innocent person who was legally defending themselves is still Murder.
 
BeardOfKnowledge

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Filthy said:
what part of Texas law are you basing that on? from what I understand, it's pretty straight-forward in Texas. Intent to kill = Murder. There's no exemption for police beyond qualified immunity. And has high as that hurdle is, killing an innocent person who was legally defending themselves is still Murder.
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I guess we'll have to wait and see.
 
Filthy

Filthy

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JonJonesBeard said:
I guess we'll have to wait and see.
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Why? Is it even an option to charge manslaughter when the defense admits intent?

It's not under-charging if there's no choice, right?

Like I said, he'll probably walk...but right after Amber...he might get pilloried.
 
Hauler

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Filthy said:
Why? Is it even an option to charge manslaughter when the defense admits intent?

It's not under-charging if there's no choice, right?

Like I said, he'll probably walk...but right after Amber...he might get pilloried.
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I don't think he'll walk.

Cops tend to get the benefit of the doubt because they usually kill scumbags doing scumbag things.

This chick was playing video games in her home when this cop decided to play sherlock fucking holmes in her backyard with a flashlight.

He doesn't deserve life in prison or anything like that. It's not like he WANTED to murder her that day. But he fucked up. That has consequences.
 
Splinty

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Hauler said:
I don't think he'll walk.

Cops tend to get the benefit of the doubt because they usually kill scumbags doing scumbag things.

This chick was playing video games in her home when this cop decided to play sherlock fucking holmes in her backyard with a flashlight.

He doesn't deserve life in prison or anything like that. It's not like he WANTED to murder her that day. But he fucked up. That has consequences.
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In Texas he's just as likely to be found guilty for murder or manslaughter.
When it goes to the sentencing portion there are defenses for extenuating circumstances.
This is what happened in the Amber Guyger case.
She ended up with 10 eligible for parole in five.

He could find himself with something similar.

Or get off and fort Worth will burn to the ground.
 
RaginCajun

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Splinty said:
In Texas he's just as likely to be found guilty for murder or manslaughter.
When it goes to the sentencing portion there are defenses for extenuating circumstances.
This is what happened in the Amber Guyger case.
She ended up with 10 eligible for parole in five.

He could find himself with something similar.

Or get off and fort Worth will burn to the ground.
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But will he get a hug from a judge wearing flip flops when he gets off?
 
M

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I’m a better lawyer than you guys. I’m the best damn lawyer in this thread .
 
M

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You couldn't pay me $500 to sit in a room and listen to these two retards argue
 
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