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  1. Default Re: Dallas cop goes in wrong apartment and kills resident.

    Quote Originally Posted by Swake View Post
    Looks like I was right, it's not manslaughter, she's now up on murder charges.
    In Oklahoma any manslaughter case could be filed as murder 2 if the prosecutor chooses to do so. No idea if itís the same concept or not there.

    Additionally, it takes virtually nothing to get an indictment.

    I read no new evidence in the linked article... my vote is this is a manslaughter case all day long - not so much murder.

  2. #77

    Default Re: Dallas cop goes in wrong apartment and kills resident.

    They are going to argue some murder theory. I'm going to wait and see what.


    The grand jury's new indictment comes after deliberations and days of testimony from witnesses and Jean's family.

    "I want to thank the grand jury for the diligence that they have given to this case," Dallas County District Attorney Faith Johnson said at a Friday news conference.

    Prosecutors spoke to more than 300 witnesses in their investigation, Johnson said, before evidence was presented and the law was explained to the grand jury.

    "I had confidence once we did that, they knew exactly what to do," she said.

    Johnson stressed that a murder charge "is intentionally and knowingly committing that act" while manslaughter is a "reckless" action.

    http://abcnewsradioonline.com/nation...er-charge.html

  3. #78

    Default Re: Dallas cop goes in wrong apartment and kills resident.

    Quote Originally Posted by BBatesokc View Post
    In Oklahoma any manslaughter case could be filed as murder 2 if the prosecutor chooses to do so. No idea if it’s the same concept or not there.

    Additionally, it takes virtually nothing to get an indictment.

    I read no new evidence in the linked article... my vote is this is a manslaughter case all day long - not so much murder.
    It was an intentional killing, according to the law as I read it in Texas, that's murder or justifiable homicide.

  4. Default Re: Dallas cop goes in wrong apartment and kills resident.

    Quote Originally Posted by Swake View Post
    It was an intentional killing, according to the law as I read it in Texas, that's murder or justifiable homicide.
    Problem is in how "intentional" is defined and how quickly the prosecution can assert the defendant made that 'intentional' decision. They tried that in Stillwater and the defendant walked (not exactly the same, but same basic argument).

  5. #80

    Default Re: Dallas cop goes in wrong apartment and kills resident.

    Read Oklahoma Jury instructions for murder 1 in Oklahoma. I posted them in post 25. The time for intentional here is split second. Yeah that lady beat the charge in Payne, but scores more go to OSP on that instruction.

  6. #81

    Default Re: Dallas cop goes in wrong apartment and kills resident.

    Nm double post

  7. #82

    Default Re: Dallas cop goes in wrong apartment and kills resident.


  8. #83

    Default Re: Dallas cop goes in wrong apartment and kills resident.

    This case was interesting to follow. I’ve actually done the exact same thing as the defendant claims. I was coming home from work and went into the apartment directly below mine thinking I was on the correct floor. Just walked in to this random person’s apartment. Made it past the kitchen and into the living before I realized there were three people in the living room I had no clue who they were and the furniture was completely different. I guess the main difference was that my first thought was holly sh** I’m an idiot and i walked into the wrong apartment and not that I was being robbed. I quickly apologized and walked out. I’m sure it was very strange for the actual occupants.

  9. #84

    Default Re: Dallas cop goes in wrong apartment and kills resident.

    For clarity, this answered my question:

    They also had the option to find Guyger guilty of the lesser charge of manslaughter but convicted her on the murder charge.


    https://www.cbsnews.com/news/amber-g...es-2019-10-01/

  10. #85

    Default Re: Dallas cop goes in wrong apartment and kills resident.

    A woman walked into my house several months ago carrying a casserole. I was tidying the living room. Eye contact.
    "Ah, I think I'm in the wrong house."
    "I think you're right."
    "Is this the _____ residence?"
    "No, they're one block over."
    "So sorry. Thank you. Good bye."
    "Have a nice day."
    No gunfire exchanged.

  11. Default Re: Dallas cop goes in wrong apartment and kills resident.

    Quote Originally Posted by CloudDeckMedia View Post
    A woman walked into my house several months ago carrying a casserole. I was tidying the living room. Eye contact.
    "Ah, I think I'm in the wrong house."
    "I think you're right."
    "Is this the _____ residence?"
    "No, they're one block over."
    "So sorry. Thank you. Good bye."
    "Have a nice day."
    No gunfire exchanged.
    Ah, but neither of you were sexting your married (or in a relationship) boyfriend at the time, and neither of you were a cop that really shoudn't've been a cop (judging by her comment that the only thing that went through her mind was *shoot* (with a gun, not the taser or other non-lethal weapons she was carrying) when she realized there was a "threat" in "her" apartment). From what she has said, I'm thinking (and have thought since day one) she was a poor excuse for a cop and she either wasn't trained well enough or didn't retain the training, and should probably never have been on patrol or given a gun.

  12. #87

    Default Re: Dallas cop goes in wrong apartment and kills resident.

    Sentenced to 10 years for murder. It would be interesting knowing the factors that went into imposing the sentence.

  13. Default Re: Dallas cop goes in wrong apartment and kills resident.

    Hopefully she gets released in 5.

  14. #89

    Default Re: Dallas cop goes in wrong apartment and kills resident.

    The victim's brother gives me hope for humanity.

  15. #90

    Default Re: Dallas cop goes in wrong apartment and kills resident.

    While I agree wholeheartedly with Eric's sentiments, it does not give me hope for the systemic problems in the criminal justice system. A white woman guns down a black man watching tv in his own home minding his own business. Texts introduced at trial showed racist beliefs as well as the fact of het sending texts to her boy friend instead of providing medical care to the victim. She could be elegible for parole within 5 years for murder. Meanwhile a black woman in Texas is given 5 years in prison for voter fraud. A black woman in Connecticut is given 5 in prison for enrolling her kid in a district she was not elegible to be in. Seems proportionality is a foreign concept.

  16. Default Re: Dallas cop goes in wrong apartment and kills resident.

    Quote Originally Posted by BBatesokc View Post
    Hopefully she gets released in 5.
    Why?

  17. #92

    Default Re: Dallas cop goes in wrong apartment and kills resident.

    Quote Originally Posted by Jersey Boss View Post
    While I agree wholeheartedly with Eric's sentiments, it does not give me hope for the systemic problems in the criminal justice system. A white woman guns down a black man watching tv in his own home minding his own business. Texts introduced at trial showed racist beliefs as well as the fact of het sending texts to her boy friend instead of providing medical care to the victim. She could be elegible for parole within 5 years for murder. Meanwhile a black woman in Texas is given 5 years in prison for voter fraud. A black woman in Connecticut is given 5 in prison for enrolling her kid in a district she was not elegible to be in. Seems proportionality is a foreign concept.
    Just getting rid of prison for non violent offenders would fix a lot of this. I don't need to know that someone convicted of voter fraud, or tax evasion, or whatever, is behind bars to sleep safe. Fine them, give them community service, or house arrest, or whatever. Save the cost of prison. Then, for the violent convictions, try to work out some proportionality (although this gets tough without strict sentencing guidelines, which introduce their own problems).

  18. #93

    Default Re: Dallas cop goes in wrong apartment and kills resident.

    Quote Originally Posted by Eric View Post
    The victim's brother gives me hope for humanity.
    man that was something to watch. very humbling.

  19. #94

    Default Re: Dallas cop goes in wrong apartment and kills resident.

    Quote Originally Posted by Eric View Post
    The victim's brother gives me hope for humanity.
    When he hugged her, I was expecting her to burst into flames. Like throwing holy water on a demon.
    The truth is never embarrassed by honest inquiry.

  20. Default Re: Dallas cop goes in wrong apartment and kills resident.

    Quote Originally Posted by TheTravellers View Post
    Why?
    Because I've always felt this was a textbook manslaughter case. After watching the trial my opinion has not changed. She was very negligent, the situation was avoidable, but in the end there was no malice intent in my mind. I feel a felony record, and a short period of confinement are all that is necessary. The fact so many others in the apartment community admitted to similarly making the same mistakes as to parking levels and even trying to walk into other people's apartments only strengthens my opinion. Extended confinement serves no purpose other than punishment and additional burden on society. I hope she gets out in 5 and is able to find peace and success.

  21. Default Re: Dallas cop goes in wrong apartment and kills resident.

    Quote Originally Posted by BBatesokc View Post
    Because I've always felt this was a textbook manslaughter case. After watching the trial my opinion has not changed. She was very negligent, the situation was avoidable, but in the end there was no malice intent in my mind. I feel a felony record, and a short period of confinement are all that is necessary. The fact so many others in the apartment community admitted to similarly making the same mistakes as to parking levels and even trying to walk into other people's apartments only strengthens my opinion. Extended confinement serves no purpose other than punishment and additional burden on society. I hope she gets out in 5 and is able to find peace and success.
    Valid points, but her bigotry and "I'm a cop, f*** everybody else" attitude complicates things. She should never have been a cop and should never have any kind of job "serving and protecting" the public ever again.

  22. Default Re: Dallas cop goes in wrong apartment and kills resident.

    Quote Originally Posted by TheTravellers View Post
    Valid points, but her bigotry and "I'm a cop, f*** everybody else" attitude complicates things. She should never have been a cop and should never have any kind of job "serving and protecting" the public ever again.
    Honestly, she pretty much reflects the attitude I personally see in most every cop I've ever known that was say, under the age of 50. Some of that goes away when they get older, but it's usually just replaced with other traits I'm not fond of. But, I'm admittedly bias against police officers.

    I don't think any of the attitudes you pointed out have any bearing on the fact she was totally void of paying attention to her surroundings and made a split second decision to shoot and kill a complete innocent person (regardless of the person's race) thinking she was in the right and protecting herself.

    As a family member, I can see wanting as much time as the law allows - but, I personally don't think that's how sentences should be applied. You've gotta look at the context of the crime, the cost to society and if additional incarceration is to protect society or simply punitive.

  23. #98

    Default Re: Dallas cop goes in wrong apartment and kills resident.

    It was not just the brother that was kind to her, the judge also hugged her and the bailiff was caught on tape being helping her fix her hair or something. I'm guessing the attitudes in the courtroom were decidedly different than what I would assume having read Travelers comments. It just doesn't add up.

  24. Default Re: Dallas cop goes in wrong apartment and kills resident.

    Quote Originally Posted by BBatesokc View Post
    Honestly, she pretty much reflects the attitude I personally see in most every cop I've ever known that was say, under the age of 50. Some of that goes away when they get older, but it's usually just replaced with other traits I'm not fond of. But, I'm admittedly bias against police officers.

    I don't think any of the attitudes you pointed out have any bearing on the fact she was totally void of paying attention to her surroundings and made a split second decision to shoot and kill a complete innocent person (regardless of the person's race) thinking she was in the right and protecting herself.

    As a family member, I can see wanting as much time as the law allows - but, I personally don't think that's how sentences should be applied. You've gotta look at the context of the crime, the cost to society and if additional incarceration is to protect society or simply punitive.
    Agree with the first paragraph, and it's absolutely disgusting the way some cops think and the way other cops protect those.

    And the second paragraph just reinforces that she should never have been a cop (yeah, I know, how would *I* have performed in that same situation - well, I'm not a cop, never wanted to be, and know I would most likely do as poorly as she did).

    Third paragraph, yeah, kind of agree with, and am trying to not be an eye-for-an-eye person, and with our prison system, 5 years is probably punitive enough, maybe.

  25. Default Re: Dallas cop goes in wrong apartment and kills resident.

    Quote Originally Posted by Eric View Post
    It was not just the brother that was kind to her, the judge also hugged her and the bailiff was caught on tape being helping her fix her hair or something. I'm guessing the attitudes in the courtroom were decidedly different than what I would assume having read Travelers comments. It just doesn't add up.
    I watched none of the TV coverage, so I don't know what transpired there, but what I'm referring to are her online posts/texts:

    https://www.nationalreview.com/news/...l-media-posts/

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