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re: Update: MJ Allegedly found w/ Dallas PwC Associate killed by DPD officer

Posted on 9/7/18 at 3:12 pm to
Posted by Stamps74
Member since Nov 2017
1673 posts
Posted on 9/7/18 at 3:12 pm to
I also questioned the different treatment. Not sure why some would label that being anti-law enforcement.

I support people who are doing good regardless of occupation, sex, race, religion, political affiliation, etc. The fact of how different this thread is because a cop is involved should tell you something....

I don’t care if the shooter was law enforcement, myself, politician, janitor, or family member, my stance would still be the same.
Posted by LNCHBOX
70448
Member since Jun 2009
89388 posts
Posted on 9/7/18 at 3:14 pm to
quote:

Any other person would already be in jail. Their name wouldn't be withheld either. I still believe that to be true.


Prove it. I've shown that regular people don't get arrested immediately even when the evidence suggests they should. So why do you think it's only cops that get this benefit?
Posted by Willie Stroker
Member since Sep 2008
17173 posts
Posted on 9/7/18 at 3:17 pm to
quote:

A woman illegally entered a man's apartment and murdered him. By courtesy of your tax dollars she will now be given a paid vacation until further notice. She will not be found guilty because she works in law enforcement and because both she and the judge get their paychecks from the same place.

Will not be found guilty? Put your money where your mouth is. I’m looking at a felony conviction. Ban bet?
Posted by whodidthat
Member since Aug 2011
5896 posts
Posted on 9/7/18 at 3:19 pm to
quote:

I'm not so sure murder means what you think it does


Could very well be premeditated. She had plenty of time to think over her decisions and shooting something isn't always the answer. Most police officers can make rational decisions and diffuse situations. What kind of home invader changes the apartment number, the locks, the decor?

quote:

especially since Texas doesn't have 2nd degree murder.


And I wasn't talking about Texas specifically. Similar situations can happen in any state. It doesn't have to lead to the death of someone because another person makes some huge mistakes.
Posted by Willie Stroker
Member since Sep 2008
17173 posts
Posted on 9/7/18 at 3:23 pm to
quote:

Manslaughter is to lenient. She should be charged with first-degree murder. End of discussion.


Thank you for not being a prosecutor.

Do you honestly think this was a willful, premeditated murder? Not an incredibly stupid mistake?
Posted by UpToPar
Baton Rouge
Member since Sep 2008
23095 posts
Posted on 9/7/18 at 3:26 pm to
quote:

Could very well be premeditated. She had plenty of time to think over her decisions and shooting something isn't always the answer. Most police officers can make rational decisions and diffuse situations. What kind of home invader changes the apartment number, the locks, the decor?



That's not what premeditated means, and if what the poster said a while ago is true, she likely didn't have the opportunity to see much of the inside of the apartment.

It's not unthinkable that she got off on the wrong floor, didnt pay attention to the apartment numbers on the doors, and tried using her key to get in without noticing that she was at the wrong door. I have one particular lock on my house which is finicky and tough to get the key just right.

It's also not unthinkable that the victim heard someone jiggling the door handle, opened the door startling her at which point she drew her gun and fired.

Now, none of that absolves her for what she did, and she should absolutely be charged, but it certainly doesn't seem to be premeditated.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 9/7/18 at 3:27 pm to
quote:

Do you honestly think this was a willful, premeditated murder?


And you make fun of someone else.


Part of the Texas law on murder

quote:

The defendant intended to cause serious bodily injury and committed an act that was clearly dangerous to human life and this act caused the death of an individual; or


She definitely intended to shoot the guy. Not sure how the “self defense” defense will go since she wasn’t in her own place and the guy simply opened the door.

She’ll probably get manslaughter though.
This post was edited on 9/7/18 at 3:30 pm
Posted by Thias2685
Member since Sep 2012
2706 posts
Posted on 9/7/18 at 3:27 pm to
We've seen off duty police get away with worse.
Posted by slackster
Houston
Member since Mar 2009
91873 posts
Posted on 9/7/18 at 3:29 pm to
quote:

Prove it. I've shown that regular people don't get arrested immediately even when the evidence suggests they should. So why do you think it's only cops that get this benefit?


Your example was terrible. The evidence didn't suggest Gasser should be arrested immediately.

It's also something I cannot prove, but you know that too. It's an appeal to ignorance, but it doesn't mean I'm wrong.
Posted by LNCHBOX
70448
Member since Jun 2009
89388 posts
Posted on 9/7/18 at 3:31 pm to
quote:

She definitely intended to shoot the guy. Not sure how the “self defense” defense will go since she wasn’t in her own place and the guy simply opened the door.


I'm obviously not a lawyer and just googled, but these are listed as defenses against murder in Texas:
quote:

Lack of intent
Lack of knowledge
Insanity
Intoxication
Self-defense
"Heat of passion" defense (i.e. The defendant was provoked to commit the crime by fear, rage, terror or some other extreme emotion.)


I could see arguments being made for a few of those. But she seems to be guilty of some form of negligent homicide or manslaughter at the very least. Not looking those up for TX, so don't rail me if those aren't proper
Posted by LNCHBOX
70448
Member since Jun 2009
89388 posts
Posted on 9/7/18 at 3:32 pm to
quote:

it doesn't mean I'm wrong.


Showing a civilian with a prior history of road rage not be arrested after killing someone during a road rage incident does a pretty good job of proving you wrong in my opinion.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 9/7/18 at 3:32 pm to
It would most likely be manslaughter, reckless conduct.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
71832 posts
Posted on 9/7/18 at 3:35 pm to
This argument is stupid (shocker). Are we honestly trying to say getting charged 12 hours later is preferential treatment? The frick does thst do for her at this point?
Posted by lsupride87
Member since Dec 2007
112580 posts
Posted on 9/7/18 at 3:45 pm to
quote:

Showing a civilian with a prior history of road rage not be arrested after killing someone during a road rage incident does a pretty good job of proving you wrong in my opinion.
Gasser was in his own car when the shooting happened, that is a pretty big fricking difference lnch


I guaran goddamn tee Gasser would have been arrested if he shot McKnight while sitting in McKnights car
Posted by Bayou_Tiger_225
Third Earth
Member since Mar 2016
13133 posts
Posted on 9/7/18 at 3:47 pm to
quote:

Do you honestly think this was a willful, premeditated murder? Not an incredibly stupid mistake?
An incredibly stupid mistake would be point a gun at someone, thinking it was unloaded, and accidentally shooting them. This chick may have accidentally went to the wrong appartment, but she knew damn well what she was doing when she pointed the gun at him and pulled the trigger. At the end of the day she shot him on purpose, and trained police officers don't shoot to wound.
This post was edited on 9/7/18 at 3:49 pm
Posted by el Gaucho
He/They
Member since Dec 2010
60136 posts
Posted on 9/7/18 at 3:50 pm to
The news shows him in a suit and ignores the 200 Facebook photos of him pointing guns at the camera
Posted by UpToPar
Baton Rouge
Member since Sep 2008
23095 posts
Posted on 9/7/18 at 3:52 pm to
quote:

An incredibly stupid mistake would be point a gun at someone, thinking it was unloaded, and accidentally shooting them. This chick may have accidentally went to the wrong appartment, but she knew damn well what she was doing when she pointed the gun at him and pulled the trigger. At the end of the day she shot him on purpose, and trained police officers don't shoot to wound.


None of that rises to the level of premeditation.

Did she intend to shoot and kill him? Yes. Did she do so based on a mistaken belief that he was in her own apartment? Probably.
Posted by Bayou_Tiger_225
Third Earth
Member since Mar 2016
13133 posts
Posted on 9/7/18 at 3:58 pm to
Y'all are right. It clearly wasn't premeditated murder, but after reading up on Texas's laws I still believe she should be charged with murder instead of manslaughter.
This post was edited on 9/7/18 at 3:59 pm
Posted by jchamil
Member since Nov 2009
19902 posts
Posted on 9/7/18 at 3:59 pm to
quote:

This chick may have accidentally went to the wrong appartment, but she knew damn well what she was doing when she pointed the gun at him and pulled the trigger. At the end of the day she shot him on purpose, and trained police officers don't shoot to wound.


I probably don't need to tell you this since I'm certain you learned it in law school, but what you listed does not mean premeditation
Posted by UpToPar
Baton Rouge
Member since Sep 2008
23095 posts
Posted on 9/7/18 at 4:02 pm to
quote:

Y'all are right. It clearly wasn't premeditated murder, but after reading up on Texas's laws I still believe she should be charged with murder instead of manslaughter.


And she still might be. We don't have all the facts yet.
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