Dallas Police Officer goes home to the wrong apartment, kills man inside !!

[Guest083119]

Originally Posted by wfguy71

There are defenses to manslaughter, just not mistake of fact. She could argue self defense, for example.


Although, there's no reason the charges couldn't be changed to murder before the trial.

I’m not aware that a mistake of fact defense would not apply to manslaughter. I’m just stating that her actions seem intentional more than reckless.

This whole thing hinges on whether the jury believes her assertion that she thought it was her apartment. If it had actually been her apartment and somehow someone was mistakenly inside (neighbor thought it was his apartment), under the Castle Doctrine, she had the right to shot to kill and no duty to retreat.

[Guest083119]

Originally Posted by wfguy71

I think she'll be charged with murder, eventually.


I don't know how you point a loaded gun at someone, pull the trigger twice, intending to shoot them, and are charged with manslaughter.

Exactly, I concur. 100%. Doesn’t make sense at all.

[wfguy71]

I'm starting to think this is just a tragic example of several mistakes, one after another, but that she didn't actually commit a crime. If that's the case, it's going to be difficult for a lot of people to stomach.

[Guest083119]

Unfortunately, I agree again. I think the most likely outcome at this point, barring uncovering a whole set of different facts, is that she loses her badge for exhibiting extremely poor judgment.

[grean]

No one is talking about the favoritism shown to her by the police that wouldn't be given to any of us?

If TushHog walks into Chung's place and shoots him and says nothing, which the officer appearently completely forgot to do, according to reports, Tush is going to jail then & there until he gets a lawyer to get a story straight.

If Tush says that he thought it was his place and mistakenly shot Chung like the officer reportedly did, then there is definitely probable cause of a homicide and Tush is taking a ride that night.

WHO GETS CHARGED WITH MANSLAUGHTER AND MAKES BAIL WITHIN AN HOUR???

[Chung Tran]

Originally Posted by grean

If TushHog walks into Chung's place and shoots him and says nothing, which the officer appearently completely forgot to do
If Tush says that he thought it was his place and mistakenly shot Chung like the officer reportedly did, then there is definitely probable cause of a homicide and Tush is taking a ride that night.

WHO GETS CHARGED WITH MANSLAUGHTER AND MAKES BAIL WITHIN AN HOUR???

even though I got shot, I'm going to spin the other side, LOL..

in your analogy, Tush did say something. according to his affidavit, he asked me to show my hands before emptying his 45 into my chest. he also dialed 911 immediately after, pacing the hallway of the apt. complex


and Tush made bail quickly, yes, but he was NOT REALLY charged with manslaughter yet.. I don't think. his fellow Officers had my dead corpse (actually, I was carted off on a stretcher, I wasn't pronounced dead within an hour, most likely), nobody knew what to think, so a small bail was set for him, as protocol.


but yes, had I shot Tush for entering my place, my ass would still be in jail, even though I stood my ground against an intruder in my house. because Tush is a Police Officer.. no doubt about that.

[grean]

I just mean if he called 911 and said there has been a shooting at....then hung up and when police arrived he said he is remaining silent.

At a minimum he is arrested.

[grean]

I do wonder when she called 911did she give her apartment number or his as the location.

[grean]

Originally Posted by grean

I just mean if he called 911 and said there has been a shooting at....then hung up and when police arrived he said he is remaining silent.

At a minimum he is arrested.

However, if he was the chatty kathy that amber was, he's definitely going to be charged that night.

[wfguy71]

Originally Posted by grean

No one is talking about the favoritism shown to her by the police that wouldn't be given to any of us?

If TushHog walks into Chung's place and shoots him and says nothing, which the officer appearently completely forgot to do, according to reports, Tush is going to jail then & there until he gets a lawyer to get a story straight.

If Tush says that he thought it was his place and mistakenly shot Chung like the officer reportedly did, then there is definitely probable cause of a homicide and Tush is taking a ride that night.

WHO GETS CHARGED WITH MANSLAUGHTER AND MAKES BAIL WITHIN AN HOUR???

Well, it was originally treated as an OIS. So, she had to give a statement and have blood drawn, neither of which you or I would have been coerced to do.

I agree you or would have been held that night. But once an arrest warrant was issued, making bail would be the same process.

And I doubt that a Texas Rangers task force would be investigating us. And our lives (and our families) wouldn't be under a microscope. The internet wouldn't be scouring my social media looking for evidence that anyone I've ever met might be a racist.

Two sides to the coin, I guess.

[grean]

Originally Posted by wfguy71

Well, it was originally treated as an OIS. So, she had to give a statement and have blood drawn, neither of which you or I would have been coerced to do.

I agree you or would have been held that night. But once an arrest warrant was issued, making bail would be the same process.

And I doubt that a Texas Rangers task force would be investigating us. And our lives (and our families) wouldn't be under a microscope. The internet wouldn't be scouring my social media looking for evidence that anyone I've ever met might be a racist.

Two sides to the coin, I guess.

She could have refused the blood test and forced a warrant. She couldn't be compelled to give a statement. Yes, there may be consequences for her employment status for not giving one but no one ever has to give up the 5th.

If we were charged we would sit in a cell for a bit during processing. Hell I've had traffic stops that lasted a good 30 minutes.

[Crock]

Originally Posted by wfguy71

Well, it was originally treated as an OIS. So, she had to give a statement and have blood drawn, neither of which you or I would have been coerced to do.

I agree you or would have been held that night. But once an arrest warrant was issued, making bail would be the same process.

And I doubt that a Texas Rangers task force would be investigating us. And our lives (and our families) wouldn't be under a microscope. The internet wouldn't be scouring my social media looking for evidence that anyone I've ever met might be a racist.

Two sides to the coin, I guess.

Good points.

We have to remember that our society places a lot of trust to those that wear a badge. We've given them the right to take lives in the course of enforcing our laws. They are treated differently because they are different.

The problem is that the shiny gleam on those badges is rubbing off as society is realizing (due to the fact that everyone has a camera in their pocket these days) that there are bad apples that have been entrusted with the power to take away other people's liberty. Society will have to figure out how to address this issue and we'll all continue to see tensions skyrocket every time a cop makes a deadly mistake.

I wouldn't want to be a cop right now, that's for sure.

[wfguy71]

Originally Posted by grean

She could have refused the blood test and forced a warrant. She couldn't be compelled to give a statement. Yes, there may be consequences for her employment status for not giving one but no one ever has to give up the 5th.

If we were charged we would sit in a cell for a bit during processing. Hell I've had traffic stops that lasted a good 30 minutes.

My point is, she was coerced to give a blood sample and statement

I could have just said "no, I want a lawyer" without fear of losing my job

[Guest083119]

Originally Posted by Crock

Good points.

We have to remember that our society places a lot of trust to those that wear a badge. We've given them the right to take lives in the course of enforcing our laws. They are treated differently because they are different.

The problem is that the shiny gleam on those badges is rubbing off as society is realizing (due to the fact that everyone has a camera in their pocket these days) that there are bad apples that have been entrusted with the power to take away other people's liberty. Society will have to figure out how to address this issue and we'll all continue to see tensions skyrocket every time a cop makes a deadly mistake.

I wouldn't want to be a cop right now, that's for sure.

Excellent post, crock.

[wfguy71]

Originally Posted by Crock

The problem is that the shiny gleam on those badges is rubbing off as society is realizing (due to the fact that everyone has a camera in their pocket these days) that there are bad apples that have been entrusted with the power to take away other people's liberty. Society will have to figure out how to address this issue and we'll all continue to see tensions skyrocket every time a cop makes a deadly mistake.

I wouldn't want to be a cop right now, that's for sure.

I grew up with cops in my family. We have family and close friends that are cops, CIA, FBI, and Secret Service. I've probably done 50 ride alongs over the years.. My favorite tv show is Live PD.

Having said all that; I don't think the average cop is better or worse than the average doctor or plumber or fire fighter. In my personal life, I wouldn't trust a random cop any more (or less) than I would a veterinarian or financial planner, etc. They're just men and women like the rest of my neighbors.

They're not gods. They're more likely to have been in the military, and and probably have more of a sense of service than the average person. Sometimes they do heroic things, sometimes they screw up. There are certainly racist cops, just like there are racists plumbers, etc. And if it shows up in their job, they should be fired on the spot.

But I certainly don't buy the narrative that the police are a bunch of racists murderers. If they were, wouldn't more black people be shot by the police than white people? Most years, about twice as many white people are killed by police officers than blacks.

And I find it ironic that (generally) the same people driving the narrative that the police are racists and can't be trusted, are the same ones who want to take firearms from civilians and argue that only the police should have assault rifles, etc. Something there doesn't add up.

But unfortunately, there's a lot of political capital to be gained from division, identity politics and pushing the "police are out to get you" narrative.

So, I don't see it going away any time soon.