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  #141  
Old 15 October 2019, 20:34
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The way Texas law is written, Homicide is in the game. Of course you *could* charge anything less, but Murder includes an element or two, that apply here.

https://statutes.capitol.texas.gov/D.../htm/PE.19.htm

Quote:
Sec. 19.02. MURDER. (a) In this section:

(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

(b) A person commits an offense if he:

(1) intentionally or knowingly causes the death of an individual;

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
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  #142  
Old 15 October 2019, 22:45
meatpaws meatpaws is offline
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Quote:
Originally Posted by 1RiserSlip View Post
Cry me a river. LMAO.

I love you fucking LEO's. Really. Cmon, guys and gals. Theres fucked up folks in every profession. No one is picking here.

For Christ sakes. Just knock on the fucking door with your finger off the trigger and be prepared for anything.

Its a dangerous job. If you're that spooked you probably shouldn't do it. And for the the love of God, quit justifying the unjustifiable.

People have rights.
Agreed. Couldn’t add to this even if I tried.
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  #143  
Old 15 October 2019, 23:37
bobmueller bobmueller is offline
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Ms. Jefferson was holding the gun when the former officer shot her, according to her nephew. She'd armed herself because she'd heard noises outside.

Star-Telegram reports too that the former officer has not yet given a statement. There's a copy of the arrest affidavit in the linked article.
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  #144  
Old 16 October 2019, 09:38
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Macka Macka is offline
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Quote:
Originally Posted by Sado_1 View Post
Welcome to law enforcement, 2019....
and 2018, 2017, 2016, 2015......1998, 1997........

It has been the same since I started. It's the same since I retired. It will be the same moving forward.

As a retiree I am still on the books as a "special" (too much to get into here but I can still "details" if I choose). I shoot more than most cops but not enough. I qual this Sat AM with other retirees. I am not looking forward to it.

As far as this TX business, there is a tendency in the academy to present practical application sessions as all doomsday scenarios. A group of us just had a convo about this. Boots are taught that every scenario will have a guy with a shot gun down his pants and a Glock in his back pocket with little emphasis on the fact that almost 100% of the calls you go to do not involve anything close to use of force.

There is no issue teaching preparedness and vigilance. But this was an open door for Christ's sake. The math says if you go to an open door in a residential neighborhood it is likely an oversight.

All training and practical application from my time says you call out "POLICE" when you are entering a house for something like an open door. You're not Delta sneaking in to off a terrorist.
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  #145  
Old 16 October 2019, 09:58
Armitage12 Armitage12 is offline
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Quote:
Originally Posted by EchoFiveMike View Post
I'm still wondering how she got in the door? That just keeps getting handwaved away. S/F....Ken M
The arrest warrant affidavit includes the following, reported in a news account:
"But the off-duty officer parked on the 4th floor of the parking garage and proceeded into the building, where she went to the door of the apartment she believed to be her own and inserted her key.

The affidavit used to get the warrant for the officer’s arrest said the door to the 4th Floor apartment was not completely shut. It’s been reported that the Southside Flats apartments use a keycard entry system.

“She inserted a unique door key, with an electronic chip, into the door key hole,” the affidavit said. “The door, which was slightly ajar prior to Guyger’s arrival, fully opened under the force of the key insertion.”

The sound of the door opening alerted Jean, who was home alone in his apartment watching football.

The affidavit said Jean went to see what was going on at his front door.

Officer Guyger told investigators she saw the silhouette of someone in what she believed to be her own apartment, and drew her firearm, WCAU reported. The affidavit said she believed she was being robbed.

She gave verbal commands that were ignored by Jean, according to the affidavit. Then she fired her weapon in the dark at the person twice, striking him once."
https://defensemaven.io/bluelivesmatter/news/witness-who-filmed-ex-cop-amber-guyger-after-shooting-gets-30k-in-crowdfunding-reXE29ZUZ0KU2T4mCoNHCg/
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  #146  
Old 16 October 2019, 10:28
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Quote:
Originally Posted by Armitage12 View Post
Then she fired her weapon in the dark at the person twice, striking him once."
So no PID with a handheld, or weapon mounted light... how many times has little Johnny been smoked by dad, sneaking in at 4AM, because dad is a dumbass not up on current weapon TTPs.
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  #147  
Old 16 October 2019, 10:35
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Quote:
Originally Posted by Macka View Post
All training and practical application from my time says you call out "POLICE" when you are entering a house for something like an open door.
And there were TWO of them, apparently - what was the other guy thinking, and how long has he been on the job.

I agree, I blame over-reaction after 9/11, and the instant "reporting" of every single bad thing that happens on the planet, for the "We're all gonna dieeeeee!" attitudes - leading to "Show me your han-BANG-ds..."
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  #148  
Old 16 October 2019, 11:22
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bobofthedesert bobofthedesert is offline
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Quote:
Originally Posted by 1RiserSlip View Post
Its a dangerous job. If you're that spooked you probably shouldn't do it. And for the the love of God, quit justifying the unjustifiable.
Nutshell stuff right there. There's too many people with a badge these days that the moment you see them you think LOL. Don't imagine the reaction from the customer base is much different. Too many "fear biters". If you're that scared, stay home. Nothing bothers me more than having nervous people around me when shit's getting tight, and folks like that have no place on the street.
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  #149  
Old 16 October 2019, 11:51
Jong Jong is offline
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Quote:
Originally Posted by bobofthedesert View Post
Nutshell stuff right there. There's too many people with a badge these days that the moment you see them you think LOL. Don't imagine the reaction from the customer base is much different. Too many "fear biters". If you're that scared, stay home. Nothing bothers me more than having nervous people around me when shit's getting tight, and folks like that have no place on the street.
From what I've been reading on here and talking to officers are good candidates are getting hard to find. I can't even imagine being an officer these days and hats off to the good guys that are still working!
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