One story everyone seems to agree about
- Thread starter ProdigalHorn
- Start date
Actually both statements are probably true. A man would probably get less leeway, and an ordinary citizen would get much less leeway.
Either way, this gal is probably going to the slammer.
After Trayvon Martin and Michael Brown, I can see why you're suspicious, and my mind is open to hearing more evidence. However, the only new facts to surface have been damning of the cop. Obviously we won't know all the evidence until trial, but things don't look good for her at all.
Statalyzer
10,000+ Posts
I agree, but I don't see that this is all that relevant. A particular shooting could potentially be any or all of negligent, unjustified, malicious, the result of prejudice, etc, even given the above.
Agree. But when you choose to carry a gun, you also choose to take on the responsibility to never fire in poor judgement, and choose to accept any consequences of failing that.
Malice in the shooting? Probably not. Malice in the cover-up? Yes.
mb ... you're making too much sense! STOP IT!
SMHOK ... I'M REALLY gonna hafta ask you to stop being so rational. You're upsetting EVERYONE. Can't you for just a second ... a micro second, even, just be mad at the world and make some out of this world allegations??? PLEASE! ///SARC
My cranium is about to E X P L O D E in AMEN righteousness!!!!
While this isn't a case of investigating the wrong address for drugs, it's not like that's never happened, and the ensuing cover up ... Go search "Innocent Man" Tom Selleck. An American Airlines mechanic (in LA?) had his home entered by two narcs who had the wrong address. But rather than admit they were wrong, take their lumps and the department issuing restitution, they planted their own and the 'innocent man' was locked-up.
This cop was apparently in the wrong place and perceived a threat to her person.
She'll probably never be a cop again, and that's probably not a bad call ... but I'd like to know how many hours she was on duty that day and the previous 3 days. How much sleep the previous 3 days? It's no secret DPD has had a significant shortage of cops while lawlessness has increased the past several years.
As mb said ... a terrible tragedy, but hardly the result of some nefarious anti-black campaign.
The facts and analysis are coming out, and. Amber Guyger is not looking like a murderer. She looks much prettier and more feminine than her mugshot or police uniform shots. Outside presence of the jury, the Texas Ranger who led the investigation said he perceived no crime. To me it looks like the amount of negligence in this homicide seems comparable to bad driving manslaughter. Do you need to be as careful with a Glock as you do with a Chevrolet?
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LongestHorn
2,500+ Posts
She was “getting off” a 13 hour shift and sexting with her partner in the parking garage. In the wrong floor of the parking garage. And then deleted them.
LongestHorn
2,500+ Posts
Bright red door mat is a red flag for most folks.
Looks innocent enough.
Not if you are on auto-pilot. I don't know about you, but I am rarely looking down at the ground while walking from the car to my door. And if on a phone, I am definitely not looking for door mats.
Common sense...I know, not your strong suit. It's a red flag for people like you that think cops are bad and have ulterior motives.
and that's what's 'official' .... truth be told she was in day 3 or 4 of 13 plus hour work days with work-related duty in her off time.
An intense job on a good day ... here's 13 hours of it on the back side of the clock ... repeatedly and so sustained.
cognitive ability of a legal drunk. That's what is being demanded of the local LEO.
Again ... terrible terrible tragedy and she'll probably ever be restricted from toting a firearm again ... due in large part to fatigue. I could be wrong ... but I doubt it.
Seattle Husker
10,000+ Posts
Manslaughter seems appropriate based on the public evidence to date.
So does criminally negligent homicide.
This was negligence, not reckless, behavior, no matter what the SJW's want to continue to assert...
Negligence would mean that the defendant was not aware her behavior could harm or kill another person. In her state of mind, I'm not sure what Miss Guyger knew, but she had to know that firing two shots
into the center of a man's body would be harmful and potentially lethal. If it's not at least manslaughter I predict the verdict will be not guilty.
into the center of a man's body would be harmful and potentially lethal. If it's not at least manslaughter I predict the verdict will be not guilty.
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The issue is NOT the actual act of pulling the trigger...the negligence comes before that, specifically the entrance into an apartment that was not hers.
TPC 19.05 defines it as "A person commits an offense if he causes the death of an individual by criminal negligence."
Section 6.03(d) goes on to define criminal negligence, noting that "A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint."
Contrast that with reckless conduct which requires a person to be aware of but consciously disregard a substantial and unjustifiable risk (see 6.03 c )...
The facts here do not bear out that she consciously disregarded anything.
That's some complicated wording and a twist by contending the negligence was apartment entry ... Where the risks were unknown as opposed to pulling the trigger when the risk was obvious. I've sat on juries and know
there will be a lot of justifiable pondering and disagreements.
there will be a lot of justifiable pondering and disagreements.
Sorry, but I'm having a hard time feeling sympathy for this woman. Yes, she was tired and horny. You know who else has been tired and horny? Every human being in the world. That doesn't mean we go into the wrong apartment and blow innocent people away. She did a very stupid-*** thing, and there's no excuse for it.
However, I have to concur with mb227 at least based on the evidence we're seeing now. To get to manslaughter, they'd have to prove that she knew of and consciously disregarded an unjustifiable risk. I'm not seeing that here. The big risk she took was firing the gun, but by the time she did that, she believed there was an intruder in her apartment. Well, firing a gun at someone you think is an intruder is pretty easy to justify. To get to manslaughter or murder, you'd have to somehow prove that she didn't really think there was an intruder in the house or that she knew she wasn't in the right apartment. At least in court, I haven't any indication of that, even though there was evidence of that during the investigation.
Either way, I hope she goes away from awhile. She's rotten.
However, I have to concur with mb227 at least based on the evidence we're seeing now. To get to manslaughter, they'd have to prove that she knew of and consciously disregarded an unjustifiable risk. I'm not seeing that here. The big risk she took was firing the gun, but by the time she did that, she believed there was an intruder in her apartment. Well, firing a gun at someone you think is an intruder is pretty easy to justify. To get to manslaughter or murder, you'd have to somehow prove that she didn't really think there was an intruder in the house or that she knew she wasn't in the right apartment. At least in court, I haven't any indication of that, even though there was evidence of that during the investigation.
Either way, I hope she goes away from awhile. She's rotten.
Which is why, if the prosecutor is SMART, the judge will be asked to include an instruction on the lesser offense of Criminally Negligent Homicide.
Yeah, it's only a State Jail Felony, but it would STILL be a conviction. AND, if defense counsel is smart, the guidance to the client, even with a two-year SJF sentence, would be to forego an appeal since anything that unwound the conviction puts the full range back on the table for the next trial. NEVER give a jury a chance to impose a greater sentence...NEVER!
Would a smart prosecutor be more interested in justice or blaming perceived injustice on the jury? Else why offer murder charge as the initial offer? A murder conviction would require a venue change ... to Fantasy Island.
This is a politically charged and dangerous situation
This is a politically charged and dangerous situation
Ya know, what isn’t these days?
Prosecutors are politicians. They don't want **** sticking to them. They'd rather blame a perceived injustice on the jury (or the judge) than push for something others might view as lax.
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