Search found 2 matches

by Mike S
Wed Oct 09, 2019 6:19 am
Forum: LEO Contacts & Bloopers
Topic: Officer Invades Apartment, Shoots Resident
Replies: 414
Views: 21533

Re: Officer Invades Apartment, Shoots Resident

Scott B. wrote:
Tue Oct 08, 2019 3:17 pm
Scott B. wrote:
Mon Oct 07, 2019 8:50 am
Could be random, could be bad luck, could be the people he procured his herb from were less than stellar citizens.
And the early verdict, "Killed in a drug deal." In this exchange, looks like he was the seller and not the buyer.

https://www.wfaa.com/article/news/speci ... urces-say/
I couldn't get Scott's link to WFAA to work (404 Error), but here is the Dallas Asst Police Chief giving a press report about the drug deal-gone-bad.

https://www.cnn.com/videos/us/2019/10/0 ... t-vpx.ktvt

Includes names of the 3x subjects who came from Louisiana to buy drugs from Brown; both sides shooting each other; drug buyer stealing Brown's backpack & gun after shooting him; 1 of the 3 drug buyers in hospital with GSW; & amounts/types of drugs & cash found in Brown's apartment.
by Mike S
Thu Sep 26, 2019 5:25 pm
Forum: LEO Contacts & Bloopers
Topic: Officer Invades Apartment, Shoots Resident
Replies: 414
Views: 21533

Re: Officer Invades Apartment, Shoots Resident

C-dub wrote:
Thu Sep 26, 2019 2:19 pm
It's been a couple days since I heard this on the news and can't remember who said the following. I think it was a defense lawyer, a woman, that was talking about the circumstances the she, Guyger, knew them to be at the time she fired her shots. The lawyer was talking about her options and I thought she mentioned something about whether or not running away was an option if she feared for her life. That part bothered me because we do not have that obligation here in Texas before using deadly force.

I watch Fox4 news in the mornings. Did anyone else see that segment?
You are correct that in Texas we don't have a duty to retreat, as long as these elements of TPC 9.32 are met:
(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.
And, if this applies, then the next section prohibits it from being posed to the jury:
(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.
I haven't been listening to the trial, but if failure to retreat was mentioned in front of the jury, I'd guess it was decided that either she "wasn't lawfully present", or being in the wrong apartment constituted another crime such as trespassing.

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