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10-15-2019, 11:11 PM
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#31
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AKA Admiral Waco Kid
Join Date: Jan 8, 2010
Location: The MAGA Zone
Posts: 37,016
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Quote:
Originally Posted by Chung Tran
good question, good point.
doesn't matter if he went to the house with the intent to kill.. he only had to have intent a second before he unloaded his pistol. Amber Guyger intended to kill Botham Jean, and this Aaron Dean intended to kill Atatiana Jefferson. murder is the case..
it was 2:30 a.m. on Allen Avenue.. not exactly smart to wander over yourself. the door had been open for HOURS, it was a welfare check call. the Cops fucked up their response in so many ways
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you confuse intent to kill in the criminal sense vs. a cop in the line of duty making a mistake in judgement. there is a difference. txtushhog knows that. it's also coming to light that the woman had a handgun because she heard noises. the cops moving around. not going to get the cop off but it isn't premeditated murder. of course the prosecutor charged the cop with murder, prosecutors always go for the highest charge. the other cop is partly at fault too, he mistook the situation as a break-in when it was clearly called in as a welfare check. what should have happened is one cop should have gone to the door and rang the doorbell and announced he was police while the other cop covered him.
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10-15-2019, 11:27 PM
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#32
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Account Disabled
User ID: 89913
Join Date: Jul 6, 2011
Location: New Orleans, Louisiana
Posts: 6,576
My ECCIE Reviews
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My people here in New Orleans knew her since they work and she went to Xavier University....
Tragic.....
M.M.
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10-16-2019, 08:11 AM
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#33
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Valued Poster
Join Date: Oct 1, 2013
Location: Dallas TX
Posts: 12,555
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Very tragic and sad , but "accidently shooting ARE training issues" I think its becoming a lack of COMMOM SENSE
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10-16-2019, 08:28 AM
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#34
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BANNED
Join Date: May 5, 2013
Location: Phnom Penh, Cambodia
Posts: 36,100
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this incident just got very messy, in an Amber Guyger kind of messy. allegedly the Nephew says Atatiana took a revolver from her purse, and walked to the window, opening the Blinds holding the gun in clear view of the Officer (not sure if she was pointing it at him).. this Nephew has been reported as being both 7 and 8 years old, regardless, I would not take much stock in the specific details of his account, based on his age, and the obvious trauma he had to feel right after the killing of his Aunt. AND I would not put it past the Cops to make up at least parts of the account, knowing how easy it is to pin something on a young boy.
even if the whole account holds up, the Cop should not have been prowling in her yard. she pointed a gun at an Intruder, no reason to think he was a Cop.. she had every right to shoot him, legally. kind of hard to call it murder now.. reckless homicide is appropriate.. unless he testifies, as Amber did, that he intended to kill Atatiana.. then murder works. I can't imagine he would admit what Amber did.
I have to question Atatiana's reactions somewhat. IF the account from her Nephew is accurate.. big IF.
you hear noises outside, walk toward the window, peek out while holding your gun (possibly pointing it at a shadowy figure in the dark of night).. not very smart.. what could possibly go right? if it was neighborhood kids prowling around, maybe you scare them away? if it is a REAL burglar/criminal, you set yourself up to be shot.. he sees you in the lit bedroom, you can see a shadow figure at best. ironically, she should have called 911. that would have been a blast, have another unit show up in minutes, "catch" the other Cop in the backyard, and they shoot each other.
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10-16-2019, 08:42 AM
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#35
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Gaining Momentum
Join Date: Aug 22, 2019
Location: ft worth
Posts: 45
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[QUOTE=CG2014;1061811909]Not every Afghan is associated with and a member of the Taliban, Al Qaeda, ISIS/ISIL.
Don't generalize an entire population of a country based on the evil action of a few.
-----
Take your own advice, don't generalize all police officers because one or two used bad judgement in the performance of their duty.
I was in the army and served two combat tours and we killed a lot of Iraqi's and afgan citizens because they were shooting at us. My last mission forced me to retire from the army, I was hit with an RPG and my Humvee was destroyed and driver killed. I refused to be medivaced out before we hunted down the afgans that hit us. They did not have uniforms on yet we made sure they never killed another American.
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10-16-2019, 09:58 AM
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#36
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Valued Poster
Join Date: Dec 31, 2009
Location: dallas
Posts: 23,345
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From CT- "even if the whole account holds up, the Cop should not have been prowling in her yard. she pointed a gun at an Intruder, no reason to think he was a Cop.. she had every right to shoot him, legally. kind of hard to call it murder now.. reckless homicide is appropriate.."
I would disagree - CT. I am not a lawyer - but hold CHL and have carefully read every Texas statute relating to handguns and firearms.
The woman did not have a legal right to shoot at the person looking in her window.
When an intruder is inside your house - in Texas, one has the right to defend oneself with deadly force.
Outside the home - the law differs between night and day - more lenient about night.
Generally One does not have a "right" to defend oneself against a person outside the home - if not engaged in threatening behavior toward persons inside the house.
One should call 911 and sit still and aware - and away from windows- to respond to intrusion into the home - then one can respond with deadly force.
One does not have a "right" to shoot a person outside the house who poses no threat to the person inside the home - ie a "peeping tom".
There are allowances for persons outside engaged in theft or destruction of property - but that is a fine line.
Basically - if you enter your home, and see an intruder fleeing with property outside the home - you do not shoot that perp in the back.
Additionally - if in the lawful act of protecting oneself or another person - you fire a shot and miss - and that bullet injures or kills an innocent bystander - you are responsible , and face up to manslaughter charges. 20 years in prison.
Word to the wise!
Open to comment from any of the attorneys who frequent this site.
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10-16-2019, 11:10 AM
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#37
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BANNED
Join Date: May 5, 2013
Location: Phnom Penh, Cambodia
Posts: 36,100
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Quote:
Originally Posted by oeb11
The woman did not have a legal right to shoot at the person looking in her window.
When an intruder is inside your house - in Texas, one has the right to defend oneself with deadly force.
Outside the home - the law differs between night and day - more lenient about night.
Generally One does not have a "right" to defend oneself against a person outside the home - if not engaged in threatening behavior toward persons inside the house.
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of course, I am referring specifically to the case at hand, and... yes she did have the right to shoot him. the Cop wasn't just "looking in her window".. his fucking handgun was pointed straight at her.. obviously this unknown Jackass in her yard, at her window, posed a major threat.. too bad her gun didn't go off first. his being outside the house means nothing in this case.. he was just a few feet outside, and the Castle Doctrine can extend to one's yard, his property. it CERTAINLY DOES in this matter.
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10-16-2019, 01:57 PM
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#38
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AKA Admiral Waco Kid
Join Date: Jan 8, 2010
Location: The MAGA Zone
Posts: 37,016
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Quote:
Originally Posted by Chung Tran
of course, I am referring specifically to the case at hand, and... yes she did have the right to shoot him. the Cop wasn't just "looking in her window".. his fucking handgun was pointed straight at her.. obviously this unknown Jackass in her yard, at her window, posed a major threat.. too bad her gun didn't go off first. his being outside the house means nothing in this case.. he was just a few feet outside, and the Castle Doctrine can extend to one's yard, his property. it CERTAINLY DOES in this matter.
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she didn't have the right to shoot. you are completely misreading Castle doctrine. you can't just shoot out the window without a real threat. if someone was in the yard shooting at the house you might have cause. but not in this case. and your anti-police bias is causing you to make statements that frankly sound unhinged.
"too bad her gun didn't go off first."
really? smh
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10-16-2019, 03:07 PM
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#39
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Valued Poster
Join Date: Sep 30, 2011
Location: I can see FTW from here
Posts: 5,611
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The progenitor of the whole incident would seem to be the cop just
creeping around outside the house without announcing his presence
or trying to make any initial contact with anyone inside.
Went from bad policing to horrible incident in a second
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10-16-2019, 03:31 PM
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#40
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Valued Poster
Join Date: Oct 7, 2010
Location: Planet Earth
Posts: 10,659
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Well, the fact of the matter is until that idiot trigger happy ex cop actually gives an official statement on record about what occurred that early morning, it's all just the words of a probably very sleepy 8 year old at this point. There is really no need to speculate until that dipshit former cop tells his side of complete ineptitude. Whatever happened though, his actions seem to be hardly defensible from keeping him out of prison in today's climate with so many dumb cops out on the streets playing judge, jury and executioner at the blink of an eye.
Are cops trained to just not knock on the front door for a simple fucking welfare check now? How hard is that?
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10-16-2019, 03:47 PM
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#41
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Valued Poster
Join Date: Dec 31, 2009
Location: dallas
Posts: 23,345
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CT - and others above - valid points.
At this moment it is speculation in the press - let's get the facts.
One point- if a person outside the home is pointing a firearm weapon inside the home - that presents imminent threat - and a result deadly force from inside the home is likely legal. Valid point.
Question - cop looked in the window- saw a weapon- then drew his weapon and fired???
We need the facts.
Thanks to All.
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10-16-2019, 03:52 PM
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#42
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Account Disabled
Join Date: Feb 3, 2016
Location: Texas
Posts: 2,011
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Quote:
Originally Posted by bojulay
When cops changed from Revolvers to Glocks amd M&P Semi Autos
accidental discharges went up. Why they are trained now not to
initially engage with their finger on the trigger
Finger Creep: As a reflex people will start pulling the trigger
on a firearm without realizing it in a tense situation
Becomes even more of a possibility with a Glock or M&P that has
a 5 to 7 pound trigger pull as opposed to a S&M Revolver with a
10 to 12
Go watch the video where a female cop almost shot another cop
while she was just pointing her weapon at a suspect
She had her finger on the trigger of her firearm and was pulling
the trigger without realizing it
But of course ridiculous leftist will claim that the cops
are just out to shoot everybody
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This actually makes a lot of sense. Maybe rookie and non ex-military cops need to be issued revolvers. Of course the bad guys would immediately recognize their rookie status but that’s pretty obvious anyway. Both Guyger and this FTW cop were clearly not trained well or they did not retain their training.
Cops are also trained to be aggressive and they have to be but they also need to know how to identify the threat. Clearly these two failed that part.
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10-16-2019, 04:05 PM
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#43
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Valued Poster
Join Date: Sep 30, 2011
Location: I can see FTW from here
Posts: 5,611
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Quote:
Originally Posted by FunMonday
This actually makes a lot of sense. Maybe rookie and non ex-military cops need to be issued revolvers. Of course the bad guys would immediately recognize their rookie status but that’s pretty obvious anyway. Both Guyger and this FTW cop were clearly not trained well or they did not retain their training.
Cops are also trained to be aggressive and they have to be but they also need to know how to identify the threat. Clearly these two failed that part.
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Yeah. There are several videos online of cops accidentally discharging their weapons. Finger creep on a trigger is an actual thing.
Had a friend who accidentally fired his weapon (a Glock) at the shooting range.
He was talking to me while holding his gun downrange and bang
He had this dumb look on his face and said....I didn't mean to do that
I had an accidental discharge myself one time
Was walking along with my pistol (Walther PPQ) pointed
down and luckily away from my foot, when my finger found
its way over to the trigger
Felt like an idiot
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10-16-2019, 04:56 PM
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#44
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BANNED
Join Date: May 5, 2013
Location: Phnom Penh, Cambodia
Posts: 36,100
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Quote:
Originally Posted by The_Waco_Kid
she didn't have the right to shoot. you are completely misreading Castle doctrine. you can't just shoot out the window without a real threat. if someone was in the yard shooting at the house you might have cause. but not in this case.
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Castle Doctrine, Stand your Ground.. whatever. what difference does it make if he was several feet away, but inside the house? as opposed to right outside, while pointing his gun at her, which he clearly was? that is a real threat, when somebody has a gun pointed at you, not to mention is yelling something distracting (show me your hands) that was all of one second before he fired. why did he have a right to shoot her, but she doesn't have a right to shoot him? as far as she knows, he was about to break in to HER HOUSE and kill her and her Nephew. she at least had reason to think he was a criminal, way more reason than the Cop had to shoot her.
The Cops agree with me, which is why they arrested their own for MURDER
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10-16-2019, 11:10 PM
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#45
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Premium Access
Join Date: Jan 17, 2014
Location: USA
Posts: 12,602
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