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re: Midland (TX) Police Officer killed by man who thought his home was being burglarized

Posted on 3/7/19 at 10:01 am to
Posted by brass2mouth
NOLA
Member since Jul 2007
20635 posts
Posted on 3/7/19 at 10:01 am to
quote:

How about if you don’t have a warrant, stay the frick off of my property in the middle of the night?


Posted by LNCHBOX
70448
Member since Jun 2009
89135 posts
Posted on 3/7/19 at 10:01 am to
quote:

what, exactly, do you think the charge should be here?

Criminally negligent homicide seems to fit the bill.

ETA: And the manslaughter charge he actually got seems appropriate too. But I'm no lawyer.
This post was edited on 3/7/19 at 10:04 am
Posted by LNCHBOX
70448
Member since Jun 2009
89135 posts
Posted on 3/7/19 at 10:05 am to
If this was a no knock gone wrong, or some other wrong address type scenario, I'd be more inclined to agree with you. But it doesn't seem to be that way based on the info that's coming out.
Posted by Cap Crunch
Fire Alleva
Member since Dec 2010
54189 posts
Posted on 3/7/19 at 10:06 am to
quote:

Cop or not, you realize you can’t just shoot someone in your home right? You have to have some reason to believe your life is in danger and be able to identify your target.

4-5 people using flashlights and his life is in danger? He never said anything before firing?

Aren't you the same one that argued that the Dallas cop had every right to kill that poor guy in his own apartment?
Posted by Salmon
I helped draft the email
Member since Feb 2008
86220 posts
Posted on 3/7/19 at 10:07 am to
quote:

Criminally negligent homicide seems to fit the bill.


well it fits your argument

I just think that lack of awareness is a logical symptom of a panic situation
Posted by LNCHBOX
70448
Member since Jun 2009
89135 posts
Posted on 3/7/19 at 10:08 am to
quote:

I just think that lack of awareness is a logical symptom of a panic situation



SO that's a free pass to kill someone?
Posted by Salmon
I helped draft the email
Member since Feb 2008
86220 posts
Posted on 3/7/19 at 10:10 am to
quote:

SO that's a free pass to kill someone?


is saying something was an accident giving someone a "free pass"?
Posted by LNCHBOX
70448
Member since Jun 2009
89135 posts
Posted on 3/7/19 at 10:10 am to
quote:

is saying something was an accident giving someone a "free pass"?


This guy didn't accidentally fire his gun.
Posted by Oilfieldbiology
Member since Nov 2016
42307 posts
Posted on 3/7/19 at 10:10 am to
You don’t have to have malicious intent to be responsible for or charged with the death of someone. If you acted irresponsibly, especially with a gun, you should absolutely be charged
Posted by Salmon
I helped draft the email
Member since Feb 2008
86220 posts
Posted on 3/7/19 at 10:11 am to
quote:

You don’t have to have malicious intent to be responsible for or charged with the death of someone.


I'm aware

quote:

If you acted irresponsibly, especially with a gun, you should absolutely be charged


there are levels of irresponsibility

Posted by tigerfoot
Alexandria
Member since Sep 2006
61448 posts
Posted on 3/7/19 at 10:12 am to
quote:

that's a free pass to kill someone?
of course not.

But if called out and they see no signs of entry into a home I don’t see the urgency to storm into it.

I would be curious as to who called the incident in
Posted by LNCHBOX
70448
Member since Jun 2009
89135 posts
Posted on 3/7/19 at 10:12 am to
quote:

there are levels of irresponsibility




I'd say killing an innocent person should approach the top level of whatever your scales of irresponsibility are.
Posted by Salmon
I helped draft the email
Member since Feb 2008
86220 posts
Posted on 3/7/19 at 10:12 am to
quote:

This guy didn't accidentally fire his gun.



I'm aware

in order for you negligent homicide charge, you have to prove that he absolutely should have been aware that the cops were either in his house or on his property

if he shot them while they were outside, I'd be more inclined to agree with you BTW
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
12849 posts
Posted on 3/7/19 at 10:15 am to
quote:

The thing that bothers me is that if the cop would have shot the homeowner there would have been a press conference were they announce an investigation and need to find out all the facts.

What amazes me is that the homeowner wasn’t shot, especially if he fired first.
Posted by LNCHBOX
70448
Member since Jun 2009
89135 posts
Posted on 3/7/19 at 10:15 am to
quote:

in order for you negligent homicide charge, you have to prove that he absolutely should have been aware that the cops were either in his house or on his property


Proving he should know they were going to be there is pretty easy. He signed up for alarm monitoring So he wither got the call from his monitoring company and knew thy were coming. Or he didn't answer the call, which then would have cops coming since there was no response.

And outside of all that, he still shot at someone without identifying his target. Pretty negligent IMO.

Posted by Salmon
I helped draft the email
Member since Feb 2008
86220 posts
Posted on 3/7/19 at 10:16 am to
quote:

Proving he should know they were going to be there is pretty easy. He signed up for alarm monitoring So he wither got the call from his monitoring company and knew thy were coming. Or he didn't answer the call, which then would have cops coming since there was no response.



and his state of mind would be the easy defense here

Posted by shel311
McKinney, Texas
Member since Aug 2004
112898 posts
Posted on 3/7/19 at 10:16 am to
quote:

I want to introduce you to Mr. Castle Doctrine.
The cop wasn't an intruder, and it'll be hard to argue it was reasonable, unless of course more facts come out we're not aware of at this time.
Posted by LNCHBOX
70448
Member since Jun 2009
89135 posts
Posted on 3/7/19 at 10:17 am to
quote:

and his state of mind would be the easy defense here



So the manslaughter charge fits even better then. That was fun.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112898 posts
Posted on 3/7/19 at 10:18 am to
quote:

Aren't you the same one that argued that the Dallas cop had every right to kill that poor guy in his own apartment?

Who the heck would argue that...other than her attorney?
Posted by MoarKilometers
Member since Apr 2015
21129 posts
Posted on 3/7/19 at 10:18 am to
quote:

Or he didn't answer the call, which then would have cops coming since there was no response.

Here is a problem. So many of the unverified calls are an entire waste of time and resources.
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