OT: Have y'all seen this?

[Go Budaw]

You don't see how her mistakenly thinking she was in her apartment and faced with an intruder is mistaken self defense? And intent is always as far as I know judged by a jury (or other fact finder). Even if there is a standard for intent that imputes intent based purely on certain factual details, it's still the jury or fact finder applying that standard.

By forced, do you mean opened an unlocked door? Or did she actually have to break in? If she actually had to jimmy the lock so something to get in, it starts to get hard to believe there wasn't something else going on.



That's not all there is to the definition of murder. it might be clearly murder under texas law. Or they might have interpreted malice aforethought to not include mistakes, even egregious mistakes. For example, let's say a cop comes upon a man ontop of a woman holding a knife, and the man is forcing the woman's wrist and knife back towards the woman, coming close to her throat. The cop shoots the man and kills him. Unbeknownst to the cop, the woman was having a psychotic break and attacked the man, adn the man was just trying to subdue her. Is that murder? I think it probably wouldn't be but have no clue. Does it matter if the cop is off duty? Also no clue. Or if it's not a cop but just a civilian that thinks he/she is being a good samaritan and stopping a murder?


usually I think to be a felony it is required for their to be some intent to commit a crime inside.

And she probably committed murder but possibly committed manslaughter. Manslaughter may be less than she deserves, but if she were to get say 15 years for manslaughter, I don't think it'd quite be a miscarriage of justice, or at the very least, would be way down the list of them that occur pretty regularly.

I’m gonna just say you need to read more about the case. First off, there is ample evidence that she either by force or intimidation tried to enter the premises. She initially said the door was already ajar, which was proven to be a lie when residents who live at the same complex reported with video evidence that the doors at the complex self-close when they aren’t forced shut. Then, there were witness accounts saying she was heard beating on the door and saying “police, open up!” which is something no one would EVER say if they were truly believed they were at their own residence. Then there was an account that her key didn’t work in the lock which led her to say that. That’s two pieces of evidence that indicate she had an opportunity to recognize her mistake.

As far as the manslaughter vs murder, Texas penal code states murder is committed when a person "intentionally or knowingly causes the death of an individual," or "intends to cause serious bodily injury and commits and act clearly dangerous to human life that causes the death of an individual." Intentional being the key word. She INTENTIONALLY entered the premises, INTENTIONALLY pulled and aimed her firearm, and INTENTIONALLY fired twice. Nothing about the incident was accidental, at all. Also, the example of the knife fight you mentioned is ridiculous. You are comparing a bystander coming upon a close quartered scuffle between two individuals (in which anyone could make the mistake on who the initial aggressor was) to a case of somebody claiming they didn’t even know where the 17 they lived. If you interviewed 1,000,000 people, I can guarantee you that probably 99.9% of them have never accidentally walked into the wrong house, and 100% of them never decided to shoot up the place in the event that they did enter the wrong house. The entire premise is completely preposterous.

As far as her status as a police officer, it shouldn’t matter at all except in the case of civil liability for the department, as she was off-duty. The department could still be civilly liable if she was known to be mentally unstable before the incident (which she certainly appeared to be), and because she commited the crime with a police issued firearm. However, it has certainly appeared that her status as an officer has helped her get preferential treatment. She got a lengthy release before booking to allow her to scrub her social media. Unfortunately for her, she didn’t get all of it before the media did (see below):

https://www.dallasobserver.com/news...ber-guygers-likely-pinterest-account-11139874

 

[johnson86-1]

I’m gonna just say you need to read more about the case. First off, there is ample evidence that she either by force or intimidation tried to enter the premises. She initially said the door was already ajar, which was proven to be a lie when residents who live at the same complex reported with video evidence that the doors at the complex self-close when they aren’t forced shut. Then, there were witness accounts saying she was heard beating on the door and saying “police, open up!” which is something no one would EVER say if they were truly believed they were at their own residence. Then there was an account that her key didn’t work in the lock which led her to say that. That’s two pieces of evidence that indicate she had an opportunity to recognize her mistake.

I haven't read much on it other than initial accounts. All of that would make it much less likely she could support any claim to reasonableness.

As far as the manslaughter vs murder, Texas penal code states murder is committed when a person "intentionally or knowingly causes the death of an individual," or "intends to cause serious bodily injury and commits and act clearly dangerous to human life that causes the death of an individual." Intentional being the key word. She INTENTIONALLY entered the premises, INTENTIONALLY pulled and aimed her firearm, and INTENTIONALLY fired twice. Nothing about the incident was accidental, at all.

I'm not going to look up the law, but I can almost guarantee you it's not that simple. Texas certainly has self defense and I'd bet a lot of money some sort of castle doctrine, and probably a line of cases on when somebody kills somebody based on mistaken fact, and whether somebody can benefit from a self defense claim even when they were wrong about the facts and had they known the facts, self defense certainly wouldn't have been available.

Also, the example of the knife fight you mentioned is ridiculous. You are comparing a bystander coming upon a close quartered scuffle between two individuals (in which anyone could make the mistake on who the initial aggressor was) to a case of somebody claiming they didn’t even know where the 17 they lived. If you interviewed 1,000,000 people, I can guarantee you that probably 99.9% of them have never accidentally walked into the wrong house, and 100% of them never decided to shoot up the place in the event that they did enter the wrong house. The entire premise is completely preposterous.

I suspect it wouldn't be hard to find a case pretty similar to that; certainly not something that happens every day, but it's something that comes up. And I think you are vastly underestimating how few people have walked into the wrong house. I would think a decent number of people that have lived in condos or townhomes or apartments, depending on the layout, have opened the door to the wrong one. probably all immediately recognize their mistake, but I don't think it'd be that uncommon. Depending on how uniform the layout is and whether people personalize the exterior, it's really not that hard to be distracted and step off the wrong floor from an elevator and then just go to the 'same' apartment/condo on a different floor.

As far as her status as a police officer, it shouldn’t matter at all except in the case of civil liability for the department, as she was off-duty. The department could still be civilly liable if she was known to be mentally unstable before the incident (which she certainly appeared to be), and because she commited the crime with a police issued firearm. However, it has certainly appeared that her status as an officer has helped her get preferential treatment. She got a lengthy release before booking to allow her to scrub her social media. Unfortunately for her, she didn’t get all of it before the media did (see below):

https://www.dallasobserver.com/news...ber-guygers-likely-pinterest-account-11139874

 

[BossDawg78]

.. so hey, rather than showing restraint, lets go full MMA on his ***. Woman already laying on the ground with a grown man laying on top of her is maybe acting like a psychotic *****? Hey lets punch her in the face a couple times. Some of you boot-lickers will never, ever admit that a LEO could possibly be just as much of a thug/criminal/dumbass as the people he or she is dealing with. Unfortunately for you the facts say otherwise.

I've posted this before, but I'm sure this cop was being 'antagonized' and therefore justified right?

ETA: just noticed that even the cop says "search everything on this KID". The 'kid' he just elbowed in the face.

Your reading comprehension isn't very good, is it? Where did I say the cop was justified? Show me a profession that DOESN'T have dumbasses in its work force. What I said is, if people would learn to act like damn adults around law enforcement, or hell anybody, these things wouldn't happen. You start playing stupid games you're gonna win stupid prizes.

 

[tired]

Your reading comprehension isn't very good, is it? Where did I say the cop was justified? Show me a profession that DOESN'T have dumbasses in its work force. What I said is, if people would learn to act like damn adults around law enforcement, or hell anybody, these things wouldn't happen. You start playing stupid games you're gonna win stupid prizes.

You a city or county cop?

 

[BossDawg78]

You a city or county cop?

So I MUST be a cop just because I know not to act like a self-righteous dumbass around law enforcement, huh? What a lazy, typical assumption to make.

 

[tired]

So I MUST be a cop just because I know not to act like a self-righteous dumbass around law enforcement, huh? What a lazy, typical assumption to make.

What's your badge #?

 

[BossDawg78]

What's your badge #?

Awwww the meanie weanie on the internetz must be a dern ol' meanie weanie cop! Wahhhh wahhhh