Texas Cop Who Fatally Shot Man After Entering Wrong Apartment Identified

For those who haven't read her official statement, it says, "the door, which was slightly ajar, fully opened under the insertion of the key."

I was suspecting that the doors auto-closed. It's a new apt complex with lots of security features throughout. Makes sense they would be heavy, auto-closing doors.

Multiple witness testimony about hearing knocking and "let me in" repeatedly, plus the mechanical nature of the doors, can unravel her story. If it unravels, prosecutors don't need a bombshell. That is the bombshell.

And that is regarding 2nd Degree Murder intent vs Manslaghter. Her Manslaughter "I was spooked" defense loses all weight, once the owner opens the door, and prosecutors might increase the charges to 2nd Degree Murder.

 

I suppose there is an ambiguity in the wording here.

Her defense could argue that she wasn't attempting to unlawfully enter someone else's apartment. She was attempting to enter her own apartment, and by mistake entered the wrong one.

 

Isn't that the white supremacist sign homeboy is tossing?

 

"Belief" that someone broke in is not justification for shooting someone and you sound extremely silly stating that over and over.

You cannot walk into any location and "believe" it to be your own and shoot someone because you "believe" they're burglarizing your home and call that justified. Being "Mistaken" is not a defense for killing someone.

That is not the law.

Like I said, she is looking at a MINIMUM of manslaughter.

The killing was completely unjustified in any sense.

 

It's seems like a very important to point out that she was committing a felony. It doesnt matter if you believe her explanation or not. She unlawfully entered the guys apartment without permission or a warrant. Ignorance is not a valid defense for that.

My question is why shouldn't the charges be upgraded to 2nd degree murder based on the felony murder doctrine. A death occurred during the commission of a felony so manslaughter charges should be upgraded to murder charges based on that.

 

We all know that this women is being coached and told what to do by the police union right?

As soon as the Union gets involved they will do whatever it takes to minimize the incident and trash the victim.

 

I think she has to be aware of the fact that she was entering someone else's apartment. She was aware that she was entering an apartment. But not that she was entering someone else's apartment.

If a person is sleep walking and somehow enters someone else's apartment and attacks them, can that be used as a defense?

 

No.

Let's not make the "sleepwalking" analogy. Stick with the case. They took a blood sample to see if she was impaired. If she was under the influence or, otherwise impaired, then her defense will weaken tremendously, no matter how she got in ... door "ajar" or not ... nor will it matter where she thought she was.

I don't think she was impaired. Just saying the "sleepwalking" analogy is not really pertinent vs the "confusion due to impairment" issue that is actually part of the investigation.

 

OK. But confusion due to impairment or extreme lack of awareness could be used as a defense against a murder charge, couldn't it?

 

Please post where the Dallas Police Department trashed this victim.

 

The fact that they are saying he didn't "follow commands" is disgusting enough.

https://www.dallasnews.com/news/dal...rtment-shot-silhouette-after-commands-ignored

 

The officer claimed the victim was being non compliant. No way to prove or disprove that since the guy is dead.

 

The officer's statement is part of the arrest warrant. Since she is claiming she thought he was a burglar and was trying to arrest him it makes sense that she'd say that. The Police Department isn't bashing the victim, they are filing charges against the officer. They are on the victim's side.. Lighten up, Francis.

 

Do you mean a defense vs 2nd Degree Murder? The impairment that they are investigating in this case isn't a defense to Manslaughter, but it is defense to 2nd Degree Murder.

If you are asking about all cases of impairment, then I don't really care to discuss things so far off-track from the case. (Suffice it to say, this is a highly unique case of murder-while-confused.) But we do know Impairment due to "sleepwalking" typically does get ppl off of manslaughter charges. However, impairment due to "under the influence" typically does not. Drunk drivers are actually in a state of blackout, very often, and truly due not know where they are. Impairment due to emotional rage "Heat of Passion" defense is also defense vs 2nd Degree, but not Manslaughter.

 

That's not the Police Department bashing the victim, you do comprehend that, right? It's a statement from a defendant in a criminal case.

 

How about impairment due to just general lack of awareness of surroundings?

 

Are you looking for a suitable precedence? I don't think you are going to find a case of "Stand your ground" where someone was confused where they were.

 

Ahh, O-KKK.

 

An ADL spokesman said "no," not me. Plus the guy in photo said he was going for a 69, due to the father in the picture celebrating his 69th bday. They were out for dinner.

 

I mean, I just proved to you that it is.....

You can argue that you don't like the law, but you can't argue about what the law actually is. I mean, when I show you the actual statute, you can't claim ignorance so you are saying these ridiculous things willfully.