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Dallas Police Officer goes home to the wrong apartment, kills man inside !!
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Maybe, but it also helps get a conviction for murder if you think that’s what the DA really wants. I’m not sure that’s true, but it’s at least the stated aim of the State. I’m not sure they didn’t deliberately overcharge her hyoping she’d be acquitted.
Overcharged with murder in hopes of being acquitted. Yes that’s what I tend to believe.
I’m not sure they didn’t deliberately overcharge her hyoping she’d be acquitted.
Quote:
Originally Posted by FunMonday
Overcharged with murder in hopes of being acquitted. Yes that’s what I tend to believe.
I wondered that myself. in regards to that possibility, what amount of leverage does the State have, concerning a reduction to Manslaughter or criminal negligence?
if the State tells the Judge it wants Murder or nothing, how much weight is that given? 100%? zero?
Read the article below it. The one below the photo of the gavel:
Quote:
The implication, one that Hermus (the Assistant DA) has been trying to make for days, is that even if one concedes that Guyger’s belief that she was in her apartment, not Jean’s, at the time of the shooting was reasonable, her decision to shoot Jean wasn’t reasonable.
There’s a problem with this argument, according to legal experts. Texas law gives anyone who shoots someone in the shooter’s habitation — or, in this case, what the shooter believes to be his or her habitation — the benefit of the doubt. The shooter is presumed to have acted believing his or her life was in danger. They don’t have to prove it.
"It's absolute," Dallas criminal defense attorney Pete Schulte told the Observer earlier this week. "If she was in her occupied habitation, it's an acquittal."
I am reading this (second degree murder.. first degree, or Capital murder has a zero chance) description of murder in Texas. looks like this is what the prosecution seeks.. but..
in the 3rd bullet point, it says "if, in the commission of another felony..."
there is no other felony, like, say, hijacking a vehicle, or kidnapping someone.
I can only conclude that the State brought up murder to placate certain members of the community, knowing that manslaughter was the only charge that could stick.
I'm wondering, too, if the jury reaches a decision, how much lead time will law enforcement get? I'm thinking I would want Lamar, Elm, and Main streets heavily manned when the decision is read. although I predict there will be no rioting, maybe a small skirmish or two that dies quickly.. from rabble-rousers that think anything short of a murder conviction is insufferable injustice.
As stated I’m not an Amber fan and she is totally incompetent as a cop. The city of Dallas has serious liability issues with their hiring practices, training, and with regard to their cell phone and fucking policy. That said she has rights and among those rights is not to be railroaded by the prosecution which in this case it’s hard to tell if they are trying to help her with the indictment of “murder” for which she can be acquitted or throw her under the bus For a slam dunk conviction. Prosecutors are like basketball coaches. They need good stats to advance their careers. This prosecutor would have to work a lot harder to put a real criminal (not an idiot) behind bars.
