Officer Invades Apartment, Shoots Resident

Most CHL/LEO contacts are positive, how about yours? Bloopers are fun, but no names please, if it will cause a LEO problems!

Moderators: carlson1, Keith B

Killadocg23
Senior Member
Posts: 271
Joined: Thu Sep 07, 2017 10:38 pm
Location: Corpus Christi/ Houston

Re: Officer Invades Apartment, Shoots Resident

Post by Killadocg23 »

buzzkill wrote: Sat Dec 01, 2018 1:53 pm
cirus wrote: Fri Nov 30, 2018 8:01 pm
03Lightningrocks wrote: Fri Nov 30, 2018 3:36 pm She needs to be in jail in my humble opinion. Hopefully she gets what she deserves.
Which is what?
The same a black guy would get if he walked into a white cop's home and shot them dead.
Truth didn’t wanna go there but I am willing to bet this situation would have been handled differently if this were the scenario.
philip964
Senior Member
Posts: 18433
Joined: Wed Sep 30, 2009 12:30 pm

Re: Officer Invades Apartment, Shoots Resident

Post by philip964 »

https://news.yahoo.com/trial-opens-us-c ... 44440.html

Trial starts for former police officer.
User avatar
Paladin
Senior Member
Posts: 6701
Joined: Thu Dec 23, 2004 4:02 pm
Location: DFW

Re: Officer Invades Apartment, Shoots Resident

Post by Paladin »

philip964 wrote: Sat Sep 07, 2019 2:28 pm https://news.yahoo.com/trial-opens-us-c ... 44440.html

Trial starts for former police officer.
Thanks for the update! One year later it seems they have not yet released blood alcohol or drug test results?
JOIN NRA TODAY!, NRA Benefactor Life, TSRA Defender Life, Gun Owners of America Life, SAF, VCDL Member
LTC/SSC Instructor, NRA Certified Instructor, CRSO
The last hope of human liberty in this world rests on us. -Thomas Jefferson
philip964
Senior Member
Posts: 18433
Joined: Wed Sep 30, 2009 12:30 pm

Re: Officer Invades Apartment, Shoots Resident

Post by philip964 »

Trial starting.

Charged with murder not manslaughter.

Prosecutors said she did not know the man.

You park on the level of your apartment, she parked on the wrong level.

Just finished what was described as an illegal 12 hour shift.

Went to the door presented her electronic key and pushed the door open. The door apparently was not latched.

Can you be found not guilty of murder and escape manslaughter? Overcharged?
User avatar
WildBill
Senior Member
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: Officer Invades Apartment, Shoots Resident

Post by WildBill »

philip964 wrote: Mon Sep 23, 2019 11:14 am Trial starting.

Charged with murder not manslaughter.

Prosecutors said she did not know the man.

You park on the level of your apartment, she parked on the wrong level.

Just finished what was described as an illegal 12 hour shift.

Went to the door presented her electronic key and pushed the door open. The door apparently was not latched.

Can you be found not guilty of murder and escape manslaughter? Overcharged?
IANAL, but here is a guideline for Lesser-Include offenses.
https://jamespublishing.com/2014/texas- ... nse-chart/
NRA Endowment Member
SigM4
Senior Member
Posts: 861
Joined: Tue Jun 12, 2007 11:14 am
Location: Wichita, KS…for now (always a Texan)

Re: Officer Invades Apartment, Shoots Resident

Post by SigM4 »

Very much overcharged. She should have been charged with manslaughter. In my opinion the DA overreached. When she’s found not guilty it will not end well for the people of Dallas. I expect riots.

Of course what do I know, I’m not a lawyer.
Success always occurs in private, and failure in full view.
Redneck_Buddha
Senior Member
Posts: 1566
Joined: Thu Dec 20, 2012 4:35 pm
Location: Little Elm, TX

Re: Officer Invades Apartment, Shoots Resident

Post by Redneck_Buddha »

I believe she can be found guilty of lesser charges, but that won't stop the riots when the manslaughter verdict comes down.
DynamicDan
Senior Member
Posts: 275
Joined: Wed Jan 30, 2019 11:07 pm

Re: Officer Invades Apartment, Shoots Resident

Post by DynamicDan »

The apartment had a welcome mat hers didn't and the numbers are on the door.
philip964
Senior Member
Posts: 18433
Joined: Wed Sep 30, 2009 12:30 pm

Re: Officer Invades Apartment, Shoots Resident

Post by philip964 »

News was saying 15 hour shift.
User avatar
03Lightningrocks
Senior Member
Posts: 11460
Joined: Tue Apr 08, 2008 5:15 pm
Location: Plano

Re: Officer Invades Apartment, Shoots Resident

Post by 03Lightningrocks »

It seems to me man slaughter is a given. But one never knows what a jury is going to do.
flechero
Senior Member
Posts: 3486
Joined: Thu Dec 06, 2007 5:04 pm
Location: Central Texas

Re: Officer Invades Apartment, Shoots Resident

Post by flechero »

It doesn't matter if it was 12 or 15 hrs... if able to drive yourself home and carry a gun, you should be able to tell you aren't really home, IMO.
dlh
Senior Member
Posts: 875
Joined: Tue Aug 18, 2015 12:16 pm

Re: Officer Invades Apartment, Shoots Resident

Post by dlh »

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.
Please know and follow the rules of firearms safety.
srothstein
Senior Member
Posts: 5317
Joined: Sat Dec 16, 2006 8:27 pm
Location: Luling, TX

Re: Officer Invades Apartment, Shoots Resident

Post by srothstein »

philip964 wrote: Mon Sep 23, 2019 11:14 am Can you be found not guilty of murder and escape manslaughter? Overcharged?
No, manslaughter is a lesser included offense of murder. The two relevant sections of the Code of Criminal Procedure are:
Art. 37.08. CONVICTION OF LESSER INCLUDED OFFENSE. In a prosecution for an offense with lesser included offenses, the jury may find the defendant not guilty of the greater offense, but guilty of any lesser included offense.

Art. 37.09. LESSER INCLUDED OFFENSE. An offense is a lesser included offense if:
(1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged;
(2) it differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest suffices to establish its commission;
(3) it differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission; or
(4) it consists of an attempt to commit the offense charged or an otherwise included offense.
And I agree that murder is an overreach but manslaughter seems like a slam dunk to me, based on news reports and what we (the public) know so far. My guess is they could not agree on the penalty for a guilty plea and the murder charge is an attempt to convince her.
Steve Rothstein
User avatar
carlson1
Moderator
Posts: 11851
Joined: Sat Dec 03, 2005 1:11 am

Re: Officer Invades Apartment, Shoots Resident

Post by carlson1 »

srothstein wrote: Mon Sep 23, 2019 11:18 pmAnd I agree that murder is an overreach but manslaughter seems like a slam dunk to me, based on news reports and what we (the public) know so far. My guess is they could not agree on the penalty for a guilty plea and the murder charge is an attempt to convince her.
I agree and that is what The Texas Rangers said Manslaughter, but once again the Dallas Politician who dislike Police decided to do something different. I just wished it cost the DA for overreaching.
Image
talltex
Senior Member
Posts: 782
Joined: Fri Oct 21, 2011 9:40 pm
Location: Waco area

Re: Officer Invades Apartment, Shoots Resident

Post by talltex »

flechero wrote: Mon Sep 23, 2019 6:12 pm It doesn't matter if it was 12 or 15 hrs... if able to drive yourself home and carry a gun, you should be able to tell you aren't really home, IMO.
DING...DING...DING !! :thumbs2:
"I looked out under the sun and saw that the race is not always to the swift, nor the battle to the strong" Ecclesiastes 9:11

"The race may not always go to the swift or the battle to the strong, but that's the way the smart money bets" Damon Runyon
Post Reply

Return to “LEO Contacts & Bloopers”