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re: Officer shoots homeowner after responding to a false alarm from alarm company (video)

Posted on 7/29/19 at 6:41 pm to
Posted by LegendInMyMind
Member since Apr 2019
71363 posts
Posted on 7/29/19 at 6:41 pm to
This is what I have been saying. That officer acted as though he has received no training. Either he had poor training or he chose to disregard his training. Either option is inexcusable, and we should demand accountability.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 7/29/19 at 6:45 pm to
quote:

Are you suggesting what he did has no legal precedent for criminal charges? That that’s allowed under the law?


What law would you charge him with?

Attempted murder requires criminal intent...do you believe he went to the house with the specific intent of killing the homeowner?

We can discuss the law and how it fits....just tell me what he should be charged.
This post was edited on 7/29/19 at 6:48 pm
Posted by crispyUGA
Upstate SC
Member since Feb 2011
16217 posts
Posted on 7/29/19 at 6:55 pm to
Attempted voluntary manslaughter is the exact term that describes the officer’s actions. He didn’t show up to the house with intent to kill, but he was negligently culpable when he fired his service weapon through a window without properly identifying his target. The officer should absolutely go to prison and the Police Department should get ready to payout a decent chunk of change.
Posted by Knownothing
Member since Jul 2019
155 posts
Posted on 7/29/19 at 6:55 pm to
quote:

We can discuss the law and how it fits....just tell me what he should be charged.


You think there isn't something about filing a false police report?
Posted by TopFlightSecurity
Watertown, NY
Member since Dec 2018
1318 posts
Posted on 7/29/19 at 6:55 pm to
Where are all the cop worshipers on this one? FTP!
Posted by crispyUGA
Upstate SC
Member since Feb 2011
16217 posts
Posted on 7/29/19 at 7:01 pm to
I’m not a cop worshipper, but I’m also not blatantly anti-authoritarian. I think common sense needs to be used more often. In the US, if you knock on a door in the middle of the night, MOST of the time a home owner will answer the door with a weapon in hand. The sight of a weapon is not authorization to shoot someone in their own home; they have a right to defend their home and they have no clue if the person at their door is actually a police officer or not. The officer’s poor judgement nearly killed a person. If anyone else uses poor judgment and nearly kills someone, they would be charged with attempted manslaughter. It should be no different in this case.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 7/29/19 at 7:03 pm to
quote:

Attempted voluntary manslaughter is the exact term that describes the officer’s actions. He didn’t show up to the house with intent to kill, but he was negligently culpable when he fired his service weapon through a window without properly identifying his target.


Ok but you have to show that he knew his actions were unreasonable at the time.

If he genuinely thought he was reasonably defending himself or others he is not criminally negligent.

Only negligent civilly.

Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40181 posts
Posted on 7/29/19 at 7:05 pm to
You think it's reasonable for a person (cop or otherwise) to fire his weapon with intent to kill at an unidentified person through a window?
Posted by Knownothing
Member since Jul 2019
155 posts
Posted on 7/29/19 at 7:07 pm to
quote:

If he genuinely thought he was reasonably defending himself or others he is not criminally negligent


If his actions violate the training he received and other norms for police officers, doesn't that make his actions unreasonable?
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 7/29/19 at 7:10 pm to
quote:

You think it's reasonable for a person (cop or otherwise) to fire his weapon with intent to kill at an unidentified person through a window?


If he thought that person was about to shoot and kill him?

I think the law supports that.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 7/29/19 at 7:12 pm to
quote:

If his actions violate the training he received and other norms for police officers, doesn't that make his actions unreasonable?


Civilly yes....criminally no.

Again you have to prove that he knowingly was acting reckless and unreasonable. That is the burden for criminal negligence.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30009 posts
Posted on 7/29/19 at 7:13 pm to
quote:

How convenient that the audio doesn't record for the part where he claims he identified himself before shooting


The body cam manufacturer had an explanation but it sounded a little suspect to me.
Posted by Knownothing
Member since Jul 2019
155 posts
Posted on 7/29/19 at 7:14 pm to
quote:

acting reckless and unreasonable. That is the burden for criminal negligence.


Violating his training seems reckless and unreasonable imo. At the very least if seems like a question for a jury at the least.
This post was edited on 7/29/19 at 7:15 pm
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 7/29/19 at 7:17 pm to
quote:

Violating his training seems reckless and unreasonable imo. At the very least if seems like a question for a jury at the least.


Ok...what is his training? And how did he violate it?
Posted by Knownothing
Member since Jul 2019
155 posts
Posted on 7/29/19 at 7:21 pm to
Lying a police report would be problem #1 right?
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 7/29/19 at 7:25 pm to
quote:

Lying a police report would be problem #1 right?


That's a big problem.

To clarify...I'm only talking about the shooting aspect.
Posted by Purple Spoon
Hoth
Member since Feb 2005
20168 posts
Posted on 7/29/19 at 7:27 pm to
quote:

Again you have to prove that he knowingly was acting reckless and unreasonable


Unless you are Hillary Clinton this is bullshite and you have to be a cop to have blue colored lenses this thick.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 7/29/19 at 7:29 pm to
quote:

Unless you are Hillary Clinton this is bullshite and you have to be a cop to have blue colored lenses this thick.



No you simply just have to read and apply the law
Posted by NoSaint
Member since Jun 2011
12447 posts
Posted on 7/29/19 at 9:12 pm to
quote:

not saying the officer is absolved but it's not like it was obvious what was going on.



I think the standard for an officer to shoot someone should be “obvious danger”
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 7/29/19 at 9:17 pm to
quote:

think the standard for an officer to shoot someone should be “obvious danger”


How do you define obvious danger and how does it differ from reasonable?

And wouldn't that standard also have to be used for all citizens?
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