I thought the chick was going to walk too. She didn't.
This feels worse than the apartment one. Gun or not. The department doesn't appear to be standing behind him. That speaks volumes.
General Here we go again - wtf m8's. Cop comes to woman's house, kills her.
- Thread starter Splinty
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This feels worse than the apartment one. Gun or not. The department doesn't appear to be standing behind him. That speaks volumes.
If they went with a lighter charge he wouldn't.
I think the other case pretty much spells it out.
In Texas if he intended to kill = murder. And why else pull the trigger but to kill someone?
Their only argument is self defense, but that's pretty thin given the way the entire situation was handled. The only reason he found himself in danger was due to his own incompetence. If anything, the lady that was shot was acting in self defense if she was holding a gun. Not that she would need one in her own home, but she was licensed to carry.
If memory serves the video has him walking around gun drawn, but not pointed out in front of him.
I'd have to watch again, but when walking with a flashlight and a gun both tools are typically pointing in the same direction.
If he didn't already have it pointed at her before he said "hands" or whatever the fuck he said, dude has the fastest draw since Billy The Kid.
just by the facts as presented so far, the Murder charge is appropriate. He intentionally killed someone who he was not legally permitted to kill.
I understand how we disagree that the fact that he was a police officer, granted a monopoly on violence by the State, and he killed a citizen who he was sworn to protect and serve should be 'egregious'.
But what are the mitigating circumstances that should make this less than Murder?
She pointed a gun at him.
You also seem to be implying a value judgment that I'm not making.
and she was perfectly within her rights to do so. And a reasonable person would point a gun at someone shining a flashlight through their backyard window.
The fact that she pointed a weapon is not a mitigating circumstance.
You don't point a gun at something unless you're willing to shoot it. If this were a case of her shooting the guy with the flashlight walking around her property we'd be having a very different conversation.
not in Texas.
You can shoot a guy in your neighbor's yard if he told you to watch his house.
Ask ol' Joe Horn.
That's kind of my point.
i'm not real bright, you might have to draw me a picture...
to me, this is exactly like "if a burglar was casing your house and shot you through your window, how would he be charged?"
the cop had no right be in that backyard pointing a flashlight through her window.
If she had shot him, that's on the cop. If she waves her gun at people and ends up being shot, different story.
i don't think so. Only one person was legally justified in brandishing a weapon in that scenario.
He didn't identify himself as a police officer, so his order to drop the weapon was unlawful.
He didn't give her a chance to respond to his command, and committed Murder.
all the other departmental screw-ups that led to the moment right before he screwed up would not have resulted in a loss of life.
I think Murder is an appropriate charge, certainly not under-charging.
and that was the lone individual brandishing (assuming the nephew's statements are correct)
Agree.
I can't say one way or the other. It was a very short time between the command and the shot, but it also sounds like the gun was pointed at him.
In all honesty they probably should have resulted in the officer being shot.
Manslaughter or criminal negligence causing death seem more appropriate given the circumstances.
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If we agree that he intended to cause serious bodily harm or death, neither of those charges would be appropriate.
Murder is the lowest charge available to a prosecutor where the intent to kill is established.
You're ignoring the mitigating circumstance of someone pointing a gun at him.
those aren't mitigating circumstances in charging, those are mitigating in sentencing.