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by Excaliber
Fri Oct 04, 2019 7:41 am
Forum: LEO Contacts & Bloopers
Topic: Officer Invades Apartment, Shoots Resident
Replies: 414
Views: 22451

Re: Officer Invades Apartment, Shoots Resident

flintknapper wrote:
Thu Oct 03, 2019 11:40 pm
carlson1 wrote:
Thu Oct 03, 2019 10:36 pm
LaBRat she is not on duty. She is at her home (she thinks) and there is NO duty to retreat in Texas. She didn’t have to back out to cover and wait.
^^^^^^

I suppose the trouble I have with this revolves around her being LEO. Typically, LEO (in their jurisdiction) retain their police 'powers' 24/7. It matters not if they are on duty or not. They still have the power to arrest and use force, etc.

With that in mind...I would think off-duty LEO are also charged with following their departments policies and procedural orders. Though civil liabilities might be different.

In this case...her department had a specific standing 'order' in circumstances such as this one to retreat to a safe position (if possible) and call for back-up.

This was brought out in the trial. One of the unfortunate realities of being LEO is that in many circumstances, you are not allowed to 'choose' under which authority you will act (citizen or Law Enforcement Officer).
This is a critical point. I think that, her admission that she intended to kill Jean instead of "stop the threat", her decision to send texts instead of rendering aid, and her testimony that she couldn't remember anything from the 8 hour deescalation training she had taken a few months before the incident and had changed nothing as a result of it all combined to drive the jury's verdict.
by Excaliber
Thu Oct 03, 2019 6:59 am
Forum: LEO Contacts & Bloopers
Topic: Officer Invades Apartment, Shoots Resident
Replies: 414
Views: 22451

Re: Officer Invades Apartment, Shoots Resident

I watched Amber's testimony live. At one point she was asked if she intended to kill Botham Jean.

She replied "Yes" instead of saying she intended only to stop the threat as all officers are trained.

I turned to my wife and said, "She just convicted herself of murder."
by Excaliber
Sun Sep 16, 2018 7:47 am
Forum: LEO Contacts & Bloopers
Topic: Officer Invades Apartment, Shoots Resident
Replies: 414
Views: 22451

Re: Officer Invades Apartment, Shoots Resident

The physical evidence from powder stippling (which will indicate the distance between the deceased and the gun when it was fired), the trajectories of the fired rounds, the locations of the shell casings, the results of the blood test on the officer, and the audit trails from the locks will go a long ways toward resolving several of the most important unknowns.
by Excaliber
Wed Sep 12, 2018 8:27 am
Forum: LEO Contacts & Bloopers
Topic: Officer Invades Apartment, Shoots Resident
Replies: 414
Views: 22451

Re: Officer Invades Apartment, Shoots Resident

From all the information I've seen so far, I see this tragic situation as having two major causal factors:

1. Fatigue from a 14 or 15 hour shift serving warrants at night - a dangerous duty that takes a higher toll on the officer than routine patrol does.
'
2. A "Can I shoot him" deadly force decision approac when she observed the subject instead of a "Is shooting him the only reasonable way to protect innocent life" approach.

The latter is much safer for all involved, and is the one strongly recommended by Mas Ayoob, who knows a thing or two about this topic.

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