quote:

Originally posted by Jimineer:

quote:

Originally posted by BBMW:
Even given the tragedy that this is, the case is legally interesting.

Assume what she's claiming proves out. Thinking she was on her own floor, she walked up to what she thought was her door, it was ajar, she walks in, sees a stranger, draws her service weapon, gives him orders which he ignores, and she shoot him and kills him. Her thinking is demonstrably that she's walking in on a burglary, and the victim in her mind presented a real threat. Of course, it was a mistake. What's the criminal liability here under TX law? And does the fact that she's a LEO become a factor.

I think that in Texas you can shoot an intruder in your house at night whether they are in the process of attacking you. Their presence is a threat. But I need to brush up on the Texas Penal code. If true, and if it happened to be her home, she could be justified by law in shooting an intruder whether a cop or homeowner.
Given she wasn’t in her home, mistake or not, means she’s cooked even if I’m mostly correct on the law in Texas.

This is the section of the Texas Penal Code you're thinking of.

Sec. 9.42 
Deadly Force to Protect Property

A person is justified in using deadly force against another to protect land or tangible, movable property:
(1)if he would be justified in using force against the other under Section 9.41; and
(2)when and to the degree he reasonably believes the deadly force is immediately necessary:
(A)to prevent the others imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B)to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3)he reasonably believes that:
(A)the land or property cannot be protected or recovered by any other means; or
(B)the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

A terrible mistake has cost allot of lives, jobs, happiness etc.
The responsibility of carrying a gun is great.
She'll pay the price for the lack of diligence ....

Did she take the stand today and attempt to testify in her own defense? No, it must have been someone else I saw on the news tonight..

Guilty.

Yup. Guilty of murder.

The hell that she now faces is life in prison, in protective custody (i.e. solitary confinement).

wondering about the lee way on sentancing, in TX

There was a lot of talk about this among lawyers I know here in Texas. From what I know of the testimony (which isn't a lot), murder seems like the right verdict. Although, I thought the jury might go for manslaughter, just as a "compromise."

The court allowed instructions to the jury on several possible legal defenses, including a castle doctrine defense, mistake of fact, and self defense, so Guyger got every possible legal break she could get. It will make a successful appeal much harder for her, since she wasn't deprived of any legal defense. It doesn't mean there won't be an appeal, of course, but it could make one tough to win.

I'm thinking that if she had given the guy CPR and called for an ambulance right away she would have gotten manslaughter. The fact that she didn't was the last nail in her coffin in my opinion.

Jim

quote:

Originally posted by Jimbo54:
I'm thinking that if she had given the guy CPR and called for an ambulance right away she would have gotten manslaughter. The fact that she didn't was the last nail in her coffin in my opinion.

Jim

yeah

her actions 'aggravating factors' didn't help her at all

I thought they'd go manslaughter

-----------------------------------------

Another widely reported factor is that her story reportedly was not consistent when she testified in her own defense during the trial.

A horrible tragedy all around. I feel for the young lady. The victim and his family as well.

quote:

Originally posted by bendable:
wondering about the lee way on sentancing, in TX

Just heard on the radio the sentence ranges from 5-99 years.

Local news media here reporting always have “white cop, black deceased”. It’s almost as if they are trying to make it into a “racial thing” instead of tragic incident; but then again that’s what the news media is pushing for now.

quote:

Originally posted by sigalert:
A horrible tragedy all around. I feel for the young lady. The victim and his family as well.

Horrible tragedy for the dead guy and his family. Not so sympathetic toward a trained police officer that walks into someone else's apartment and shoots the "owner".

It was almost laughable for the defense to argue "Castle doctrine".

quote:

Originally posted by Southflorida-law:

quote:

Originally posted by sigalert:
A horrible tragedy all around. I feel for the young lady. The victim and his family as well.

Horrible tragedy for the dead guy and his family. Not so sympathetic toward a trained police officer that walks into someone else's apartment and shoots the "owner".

It was almost laughable for the defense to argue "Castle doctrine".

Couldn't agree more. If this was one of my family members I would be beyond livid. The way she acted after the shooting really sealed her fate IMO. Good riddance.

quote:

Originally posted by RogueJSK:
The hell that she now faces is life in prison, in protective custody (i.e. solitary confinement).

Good.

quote:

Originally posted by erj_pilot:
Just heard on the radio the sentence ranges from 5-99 years.

Hopefully it's at the higher end of that number.

Keep in mind people that she had just finished a 13.5 hour shift and that it is common for people that live there to go to the wrong floor of the complex. She actually believed that she was entering her own apartment at the time. A series of unfortunate mistakes led her to killing someone.

I think a manslaughter conviction with many years in prison would’ve been more fair. She isn’t a cold blooded murderer, imo.

quote:

Originally posted by PowerSurge:
Keep in mind people that she had just finished a 13.5 hour shift and that it is common for people that live there to go to the wrong floor of the complex. She actually believed that she was entering her own apartment at the time. A series of unfortunate mistakes led her to killing someone.

I think a manslaughter conviction with many years in prison would’ve been more fair. She isn’t a cold blooded murderer, imo.

Sure, as long as she does 40 to life I don't care what you call it.