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Thread: Dallas cop shoots man after walking in to wrong apartment

  1. #271
    Site Supporter Rex G's Avatar
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    If the facts of the chase did not support the conviction, well, that is one reason that appeals courts exist. She should not have walked away free, regardless, in my opinion, so am not annoyed that she was convicted.

    IANAL, but would have predicted Manslaughter, from a truly impartial, non-inflamed jury.

    From a political viewpoint, yes, the community “needed” a conviction, for “healing/closure.” Sigh.
    Last edited by Rex G; 10-01-2019 at 01:18 PM.
    Retar’d LE. Kinesthetic dufus.

    Don’t tread on volcanos!

  2. #272
    The R in F.A.R.T RevolverRob's Avatar
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    Quote Originally Posted by Zincwarrior View Post
    Er...she had the intent to shoot him. She shot him.
    She literally has no defense here.
    Uh, that's not how legal intention works.

    Deliberately breaking down his door and shooting him resulting in his death is murder. The deliberate part of that act is the intent. If it is was mistake, then there is no intent, thus at best it's manslaughter (reckless actions resulting in death) or criminal negligence (after shooting him, it could be argued she was negligent in her responsibility to provide first aid, resulting in his death).

    Neither of those is murder.

    This isn't murder. There should be motive to establish intent to make this murder. Did she wake up intending to kill someone that morning? Okay, murder. Was she fried after a too long shift and too many days in a row, fucked up, and shot a guy when she had a false impression of what was going on? Manslaughter.

    Obviously, I didn't review all of the evidence in this case, but thus far, I haven't seen any compelling evidence that would suggest this case even met the definition of murder. Again, I doubt this particular verdict survives appeal. This appears to be entirely a show for optics.

  3. #273
    Member Gray Ghost's Avatar
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    Based on the facts as reported in the news, second degree murder sounds right. Usually no need to show premeditation. You just need the intent to kill at the moment it happens, which seems to be present here, at least by implication.

  4. #274
    Quote Originally Posted by Jac View Post
    Does nobody else do the deadbolt and chain as soon as they walk in to a hotel room?
    Yup.
    It is new and I haven't used it, but I bought the Calslock gadget mentioned in this thread:
    https://pistol-forum.com/showthread....l=1#post929575

    ETA: I was talking about the hotel room comments, not the verdict.
    Last edited by mmc45414; 10-01-2019 at 01:37 PM.

  5. #275
    Quote Originally Posted by RevolverRob View Post
    How did they get to a murder conviction on this one? I still fail to see how intent could be proved in this case.
    Some of the testimony seemed to indicate the victim was seated or cowering when shot. Then Guyger took the stand and the prosecutor tore her up on cross such that it seemed like she'd decided to shoot whoever she found in "her" apartment ahead of time. I'm speculating but taken together that might have gotten them there.

    Quote Originally Posted by MattF. View Post
    Based on the facts as reported in the news, second degree murder sounds right. Usually no need to show premeditation. You just need the intent to kill at the moment it happens, which seems to be present here, at least by implication.
    I'm not sure how it works in Texas but she did directly admit she intended to kill him when she shot him. She did not do well testifying.
    Last edited by TheRoland; 10-01-2019 at 01:25 PM.

  6. #276
    Member Zincwarrior's Avatar
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    Quote Originally Posted by RevolverRob View Post
    Uh, that's not how legal intention works.
    They disagreed.

  7. #277
    Member Zincwarrior's Avatar
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    Quote Originally Posted by mmc45414 View Post
    Yup.
    It is new and I haven't used it, but I bought the Calslock gadget mentioned in this thread:
    https://pistol-forum.com/showthread....l=1#post929575
    There is disagreement over whether the door was actually open or whether the victim opened it. Either way its bad.
    Last edited by Zincwarrior; 10-01-2019 at 01:25 PM.

  8. #278
    Quote Originally Posted by Zincwarrior View Post
    There is disagreement over whether the door was actually open or whether the victim opened it.
    Only in news reports. I'm pretty sure everyone agreed in the trial that he was 10+ feet away from the door, seated (at least intially).

  9. #279
    Member Zincwarrior's Avatar
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    Central Texas
    Quote Originally Posted by TheRoland View Post
    Only in news reports. I'm pretty sure everyone agreed in the trial that he was 10+ feet away from the door, seated (at least intially).
    Thank you for the clarification.

  10. #280
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    Quote Originally Posted by Jac View Post
    Does nobody else do the deadbolt and chain as soon as they walk in to a hotel room?
    I do the deadbolt, but not the chain/flip bar until I check the room for goblins.
    If I need to get out, the deadbolt opens easily. The chain not so much.
    "No free man shall ever be debarred the use of arms." - Thomas Jefferson, Virginia Constitution, Draft 1, 1776

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