Search found 5 matches

by dlh
Wed Oct 09, 2019 9:07 pm
Forum: LEO Contacts & Bloopers
Topic: Officer Invades Apartment, Shoots Resident
Replies: 418
Views: 27309

Re: Officer Invades Apartment, Shoots Resident

Don't know if this has been previously posted but did some looking around and found on Youtube the trial judge's charge to the jury on guilt/innocence--well worth watching and thinking about:
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by dlh
Fri Oct 04, 2019 6:32 pm
Forum: LEO Contacts & Bloopers
Topic: Officer Invades Apartment, Shoots Resident
Replies: 418
Views: 27309

Re: Officer Invades Apartment, Shoots Resident

03Lightningrocks wrote:
Fri Oct 04, 2019 5:16 pm
LDP wrote:
Fri Oct 04, 2019 5:05 pm
Grayling813 wrote:
Fri Oct 04, 2019 7:54 am
Why Guyger’s attorneys failed to prepare her to answer a critical question like that correctly is a mystery. Perhaps they did and she just blew it.
Since her texting/sexting has come out in the open, I wonder what she was concentrating on during that deescalation class if she remembered none of it?
A) Does anyone know whether she had an incompetent public defender attorney or a good well-paid one? I am really surprised she said such stupid stuff on the stand.
B) She does not strike me as a smart or even competent person, she might not have been fit for duty to begin with but might have been "pushed through" all the exams and psych evals for the sake of "improving" meaningless statistical numbers (diversity etc). Wouldn't be the first time. Warning, this is merely a speculation on my part.
Was she suppose to lie about her intentions? I am not trying to be difficult but if her intentions were shoot to kill, should she have said it was only to shoot to stop? This is a question any of us could be asked. In 1996 I was involved in a self defense shooting. That question for me was easy. I honestly never had any desire to kill at all. I honestly was only trying to stop the attack. Never once did I have any desire to take human life. I was actually very relieved when I found I did not. My answer to that question resulted in a no-bill by the grand jury for self defense. To this day i never want to kill anyone and never have. Never once have I ever claimed anywhere or posted anything saying I wanted to "shoot to kill". She has. She answered the question honestly.
Do we know what she previously told investigators? I did not watch the trial so do not know. Maybe ( I am speculating--I don't know) she previously told investigating officers what she said on the stand--that she intended to kill. If so, then the prosecuting attorney could impeach her with her prior inconsistent statement if she testified on the stand she did not intend to kill...

One of these days I will get around to ordering a copy of the court's charge. Am very interested in how the trial judge instructed the jury, if at all, on a mistake of fact defense.
by dlh
Mon Sep 23, 2019 7:24 pm
Forum: LEO Contacts & Bloopers
Topic: Officer Invades Apartment, Shoots Resident
Replies: 418
Views: 27309

Re: Officer Invades Apartment, Shoots Resident

Would like to read the eventual charge submitted to the jury in this case. Is there such a thing as "castle doctrine mistake of fact?" If so, I have never heard of it--maybe there is precedent, not sure.
The jury could go two ways on this--one--believing the officer should be held to a higher standard of situational awareness than an average citizen and reflecting that in its verdict--or--two---juries are known to give officers the "benefit of the doubt" in tough cases. Who knows? So--stay tuned.
by dlh
Sat Dec 01, 2018 7:29 am
Forum: LEO Contacts & Bloopers
Topic: Officer Invades Apartment, Shoots Resident
Replies: 418
Views: 27309

Re: Officer Invades Apartment, Shoots Resident

03Lightningrocks wrote:
Sat Dec 01, 2018 5:42 am
cirus wrote:
Sat Dec 01, 2018 4:33 am

There's a big difference between walking into a house that you think is yours, not kicking the door in and shooting someone you think is an intruder and knowingly kicking the door off the hinges on a house you know is not yours and knowing there may be somebody home with the intent to commit a crime.
Wrong analogy. The correct analogy would be, MS13 member walks into residence, shoots and kills man. MS13 member claims he made a mistake by thinking it was his home and the dead man was an intruder. MS13 member says, "my bad".
Section 8.02 of the Penal Code does not distinguish between you, me, leo, nuns, priests, rabbis,MS13 members, etc.
The correct analysis, at least somewhat, is whether the mistake is "reasonable" or not--that will depend on a whole host of factors most of which we do not know at this point.
Stay tuned.
by dlh
Fri Nov 30, 2018 9:43 pm
Forum: LEO Contacts & Bloopers
Topic: Officer Invades Apartment, Shoots Resident
Replies: 418
Views: 27309

Re: Officer Invades Apartment, Shoots Resident

There is much about this case that we do not know (witness statements, etc.).
However, having said that, how about a "mistake of fact" defense under Section 8.02 of the Texas Penal Code?
In other words, had it been her apartment she would have been justified in using deadly force under our castle doctrine. She thought it was her apartment (this has yet to be proved in court, of course)--she was simply mistaken.
Thoughts?

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