Worse day for Dallas PD. Officer kills neighbor - Page 5

Worse day for Dallas PD. Officer kills neighbor

This is a discussion on Worse day for Dallas PD. Officer kills neighbor within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; If the jury had not found her guilty of MURDER, dallas would be burning right now. Dallas is a raciest powder keg looking for the ...

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Thread: Worse day for Dallas PD. Officer kills neighbor

  1. #61
    Senior Member Array Geezer's Avatar
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    If the jury had not found her guilty of MURDER, dallas would be burning right now. Dallas is a raciest powder keg looking for the smallest spark. The riots will begin on sentencing - regardless.

  2. #62
    Senior Member Array CaptSmith's Avatar
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    Cop walks into the wrong apartment at the end of a long day...and immediately kills the occupant, one in the chest, one in the head, the decedant, who lived directly above her, was just in the wrong place at the wrong time...the cop gets convicted by a Dallas jury of Murder...because she was completely and absolutely murderous, gunned the poor juy down in his prime, for nothing. WHO hired this stupid creature, doesn't know her own crib ?
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  3. #63
    Ex Member Array starlights's Avatar
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    Quote Originally Posted by jmf552 View Post
    Then there is ploy of "intentional overcharging" that prosecutors have been known to use.

    So you are a DA and a case like this comes up. You can't let it go because of public opinion, but you really don't want the defendant hammered either. So you go to court with the higher charge, which makes you look good to the public. But you know that there will either be an acquittal, or an overturn on appeal, when you could have made a manslaughter charge stick all the way. The defendant eventually goes free, but as a DA, you come out looking good.


    - ^ this
    - grew up with a prosecutor who then switched to defense
    - 'overcharging accidentally on purpose' is the game they play that the public is mostly OBLIVIOUS of
    - keeps the public 'calm' in the moment with a 'charge'
    - but is set up from the beginning for automatic technical aquatically (ie wrong charge...)

    - Guyger should win appeal... I have no idea how murder was even argued here (premeditation, etc)
    - *should* be an easy appeal/overturn etc....


    - still needs to be punished
    - know plenty of cops including family, they never did anything like this or even close









    ..

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  5. #64
    Senior Member Array luckydog's Avatar
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    Sometimes, there is no winner. We can all argue this until the cows come home but no one will win. It is just a bad bad situation. Godspeed to the man that died and I hope the best for his family. However, I hope the best for the lady that made a very stupid mistake and shot him.
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  6. #65
    Senior Member Array CaptSmith's Avatar
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    any appeals will be about charging, rules, words, procedure, there will be no appeal on the Jurys verdict, right now being a cop in Dallas sucks, Zombies notwithstanding
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  7. #66
    VIP Member Array jmf552's Avatar
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    Quote Originally Posted by starlights View Post
    Guyger should win appeal... I have no idea how murder was even argued here (premeditation, etc)
    Texas has two levels of murder. There is "first degree murder," which requires premeditation, and just plain "murder," which is the equivalent of what some states call "second degree murder," which does not require premeditation. She was convicted of the latter.

    It only requires that "The defendant intentionally and knowingly caused the death of another person" without justification for it, like self-defense, insanity, etc. There is a possible justification called "lack of knowledge," which would mean that she didn't have all the facts when deciding to shoot. This defense has been used in TX when cops get shot entering someone's house, the homeowner shoots the cops, but it is shown that the cops did not properly ID themselves, so the defender thought they were intruders.

    I'm sure her defense tried that justification, but the jury obviously didn't buy it, probably because it was her own fault she was in the wrong apartment. So she fits the TX definition of murder if she does not have justification, because she stupidly admitted that she did intend to kill the man. The next charge down, voluntary manslaughter, is a charge of killing someone "recklessly." An example might be if she pointed the gun at him not intending to shoot him, but accidentally pulled the trigger, or some such.

    So I think the murder charge here is due to the way TX law is set up. It might be different in other states. I guess one lesson for all of us is to never say, after a defensive shooting, that we "intended to kill." I am sure if she had waited for a lawyer, like we all should do in that situation, he would never have advised her to say that. He would have had her say that she thought she was in danger and she shot to protect herself from that danger.

    BTW, Castle Doctrine is different in TX than CA. In CA, finding an intruder in your house allows you to presume that person is a threat, within some reasonable limits. All Castle Doctrine does in TX is say you can shoot without retreating if you:
    1. Reasonably believed the deadly force was immediately necessary; (the guy here was just sitting on the couch eating ice cream.)
    2. Had a legal right to be on the property; (She did not have a right to be on his property. It doesn't say anything "knowingly.")

    So it would seem by the letter of TX law, the murder charge fits and the jury, the "triers of the facts" agreed she met the criteria. Her appeal may not be as simple as it might seem.
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  8. #67
    Senior Member Array Bigpoppa48's Avatar
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    When the shoe is on the other foot though. Lets see do you feel the same way.

  9. #68
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    Quote Originally Posted by CaptSmith View Post
    any appeals will be about charging, rules, words, procedure, there will be no appeal on the Jurys verdict, right now being a cop in Dallas sucks, Zombies notwithstanding
    This case doesn't have anything to do with her being a cop, Dallas' state of affairs notwithstanding.
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  10. #69
    Senior Member Array CommonCents's Avatar
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    Gotta be more to the story. How do you go to the wrong level? Parked on wrong level then went down the hallway? miss the red rug in front of the door? or was the hall way dark? I guess she had a dog as well. News accounts say neighbor witness said they heard "let me in" and pounding on the door? I assume that was evidence in the trial. That would contradict her saying the door was left ajar and opened when she inserted key.

  11. #70
    Ex Member Array starlights's Avatar
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    - 10 years
    - out in 4 (5 til parole, minus 1 for time-served)
    - alot for her to live with. he was a good guy :(















    .

  12. #71
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    Quote Originally Posted by CommonCents View Post
    Gotta be more to the story. How do you go to the wrong level? Parked on wrong level then went down the hallway? miss the red rug in front of the door? or was the hall way dark? I guess she had a dog as well. News accounts say neighbor witness said they heard "let me in" and pounding on the door? I assume that was evidence in the trial. That would contradict her saying the door was left ajar and opened when she inserted key.
    Have you read the news accounts? Parking on the wrong level and going into the wrong floor in that apartment building was common. Almost everybody they interviewed did the same thing. Even the cops were investigating the shooting got confused as to which floor they were on.
    KILTED COWBOY likes this.

  13. #72
    Distinguished Member Array KILTED COWBOY's Avatar
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    The victims brother who was on the stand during the sentencing stage showed more dignity and Christian understanding than i have seen in a long time.
    He forgave her, wished her no harm and no prison time. And asked the judge if he could hug her, which he did.
    Brought the judge to tears. After a while the judge went into her chambers and came out with the bible which she reads every morning before work.
    Gave it to to Amber for her to read in prison to help her and give her comfort. Then she hugged her also.
    This was a terrible tragedy all around and it looked like what occurred in the courtroom would go a long way to healing the city.

    But no, out on the street the No Justice-No Peace community agitators were out in full force not accepting 10 year sentence.
    Demanding heads to roll in the DPD. Racism, corruption, you know the drill.

  14. #73
    VIP Member Array jmf552's Avatar
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    Quote Originally Posted by starlights View Post
    - 10 years
    - out in 4 (5 til parole, minus 1 for time-served)
    If, as an ex-cop who murdered a black guy, she survives in the joint.
    Attack Squadron 65 "Tigers", USS Eisenhower '80 - '83, peackeeping w/Iran, Libya, Lebanon and E. Europe

  15. #74
    Senior Member Array Cypher's Avatar
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    Quote Originally Posted by jmf552 View Post
    If, as an ex-cop who murdered a black guy, she survives in the joint.
    I would be willing to bet that she'll be in administrative segregation

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