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4th and 5

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Posts posted by 4th and 5

  1. We played like shit and were within 7 points of the best teams in CFB

    Our entire back end of the D is injured. LBs are injured. Our best lineman missed half of each of the last two games. What remains of the entire defense is inexperienced.

    Football is a man's game and we have a bunch of boys trying to play it. 

    Y'all knew it was going to be a rough D with no injuries. We were beset with catastrophic injuries.

     

    What concerns me more is the offense. There is talent on the line. There is talent at RB. There is more than enough talent at WR and QB.

    What the fuck are we doing out there?

     

  2.  

    An alcohol concentration of 0.02 is about one beer

    “THC” in his system means nothing, unless it is the active form of it, which means recent use. And even when the active form of it is detected, quantifying impairment is at best an educated guess.

     

    =========

    former University of Texas football star Cedric Benson had a blood alcohol level of 0.02 and tetrahydrocannabinol, or THC, in his system at the time of a crash that killed him and his motorcycle passenger in August, according to an autopsy and toxicology report released by the Travis County Medical Examiners office Wednesday.

    The legal blood alcohol limit while driving in Texas is 0.08. THC is the intoxicating agent in marijuana and other cannabinoid products.

    Experts interviewed by the American-Statesman said that it is difficult to determine from the autopsy when THC entered Benson’s system and whether it played a role in the crash.

    Benson, 36, was killed in a fiery crash in August on RM 2222 near Mount Bonnell Road after colliding with a van. He was traveling east at a high rate of speed when authorities said the van entered 2222 after checking for oncoming traffic. His passenger, Aamna Najam, 27, of Houston also was killed. She had a doctorate in audiology from UT.
    Austin police have said that they are still investigating the crash and that the result of the autopsy would be a critical piece of evidence. The Texas Alcoholic Beverage Commission also has said that it is possible that they would open a full investigation based on the results of the autopsy into whether Benson may have been served alcohol.
    Benson had posted a picture on Instagram that night of his motorcycle and captioned it “My Saturday evening.”

  3. 8 minutes ago, hopkinsnhorns said:

    You're assuming that what is seen by the body cam is the same as what is seen by the officer.  Humans have pretty good adaptability to low-light vision, much better than the shitty camera the officer was wearing.

    As far as shit scattered outside, I'd love to meet the prowler whose MO is to leave shit strewn about outside to alert any passersby to their presence...  The entry is a bit disheveled, but it wasn't like she was expecting the company of a hit squad that night.

    Respectfully sir, you know nothing about vision and perception, or adaptation, as it relates to human beings

    Start here: http://www.visualexpert.com/Resources/nightvision.html

    also I watch more police body cams in one day than you have seen in your life

    • Like 4
  4. 5 minutes ago, Gene Parmesan said:

    Jesus man for real?  Are you just playing devil's advocate or do you think it's reasonable that a messy lawn and entry escalates to suggest a burglary, aggravated robbery, sexual assault or murder.

    I said from a defense perspective

    i think this cop clearly fucked up, but I’m not inclined to join the knee jerks here without considering all the facts. 

    I’m just pointing out things that I think went to the cop’s state of mind at the time ...and what you might see argued in court

    • Like 5
  5. 24 minutes ago, Zepol87 said:

    Good thing you aren't a cop. If you are scared of the dark and scattered lawn equipment then you definitely shouldn't have a gun. 

     

    Hey, fuck off

    I’m pointing out what the officers state of mind might have been.

    dark equals low light, low light means vision and hence information may be limited.

    amd shit scattered around may have made him uneasy about a crime in progress

    • Fuck You 1
  6. From the defense perspective, what I see from the video

    230am, dark, is it a dicey neighborhood? I don’t know, I’ve never been there but crime rate has to be considered, like if there have been recent home burglaries

    House not secure, door open, storm door closed. Lights in but no one appears to be present  

    general clutter around the exterior of the house, lawn equipment scattered about, maybe suggesting theft or burglary

    and the thing that bothers me the most, is when you look in the home thru the door, there is shit scattered about, all over the floor, making it look like there might have been a struggle within the home, suggesting a burglary, aggravated robbery, sexual assault or murder.

    i can see why the cop was scared

  7. On 10/14/2019 at 8:32 PM, George said:

    So is it safe to assume the dude quit because he was going to be forced to answer IA questions and was going to be charged either way? Now he can just lawyer up and take his chances with a jury?

    im sure that same texas ranger who said Guyger shouldn’t even face charges will be happy to testify that he was justified in spraying bullets into a dark house. 

    Yes, he has to cooperate or be fired . But his statement cannot be used against him at trial.

    On 10/14/2019 at 9:03 PM, bschoolprof said:

    Can the law dogs comment of how him being on duty affects the murder case?  I feel very well informed about the legal definition of murder from the Guyger case (thanks!), but surely the cop will raise some defense related to being on duty and fearful for his life or some bullshit.  How does officer-in-the-line-of-duty affect the legal defense here?  

     

    There are use of force laws in Chapter 9 of the Penal Code that apply to peace officers only. I cut and paste them into this thread later

     

    On 10/14/2019 at 10:06 PM, Bama Chick said:

    Texas lawdogs - is a $200,00 bail for murder low? High? About normal?

     

    And I hope (hahahahahahaha) that an outside agency will be running the investigation.

     

    I would have said the Texas Rangers but after the testimony given by that Ranger in the Guyger trial, I’m not that confident in them either.

     

    035b86d711472f9adf85d78c4943371a.jpg

     

    Reasonable. Maybe even high under the circumstances. 

     

    On 10/14/2019 at 10:25 PM, Jkwellborn said:


    Most of the are shitty shots, particularly under stress. Plenty only shoot during yearly qualifications.

     

    Everyone is a bad shot when under acute stress 

     

    22 hours ago, Brisketexan said:

    Yep.  The inherent community bias and jury pool ain't in favor of justice for white cops.

    That said, I also think that the city and PD are going to do all they can to throw this individual cop under the bus -- why?  Because they want to make it look like this is one bad cop.  They do NOT want people digging in to the real history and culture of the FWPD and Tarrant County in general, because the truth out there, in the light of day....will be REALLY ugly.  The powers that be are going to try every gambit possible to keep the culture of the FWPD from becoming public/national knowledge.  They'll probably succeed.

    So, I think this guy will likely be convicted, because the PD will WANT him to be convicted.  Because it's in their interest to distance themselves from him.  Some semblance of "justice" may be done with respect to this one cop.  But it will be done to avoid any justice being done with respect to the department that regularly produces officers like him.

     

    Exactly. Hers on his own now.

     

    22 hours ago, DigDug said:

    Does anyone know if they record the dispatchers and what they tell cops on the street?  

    If the dispatcher told him something other than a wellness check or added some language about crimes in that neighborhood, they may somehow try to use that in his defense.

     

    There are call notes at a minimum. Displayed to officers as they go to the scene.

     

    22 hours ago, TwiceHorn said:

    The way to look at bail is that a bail bond will cost 10% of the bail amount.  

    It's true purpose is to put enough skin in the game to insure a defendant's appearance at trial.  A secondary and less legitimate purpose is to keep the dangerous behind bars pending trial (it's illegitiimate because if a person is too dangerous to be released, they shouldn't be granted bail at all).

    That's probably a reasonable bail.

     

    The above is correct.

     

    21 hours ago, SquishMitten said:

    Maybe I'm misunderstanding you. If she was a "tough on crime" judge and then put someone away for 5 years for illegal voting, wouldn't that indicate she's likely to prosecute this case aggressively? 

    As to the murderer, I'm sure he won't testify that he shot through the window with the intent to kill (like Guyger), but I'd be absolutely shocked if he walks. 

     

    With only one shot, he may claim it was NOT intentional (like a reaction to being startled) and try to get a charge for manslaughter.

     

    21 hours ago, USNALonghorn said:

    This "police officer" is either a complete moron or a blood hungry psychopath who sought a legal means to kill people. 

    He answers the call and proceeds to attempt secure the house solo. That tells me either one of two things:

    1. He is a poorly trained moron that lacks any kind of tactical awareness or decision making. If you actually perceive a threat inside an unfamiliar closed structure, there is no better way to suicide yourself than to attempt to clear the building, or walk in front of windows/openings attempting to investigate it without backup. If someone inside is waiting to greet you with hostile intent, you do not present yourself to a fatal funnel. Again, assuming he actually perceived some kind of threat or misinterpreted the nature of the call, he should've called for backup. One would hope someone more senior and experienced would handle this situation properly. The selection and training process for police officers is incredibly maligned. Also, there should be SOPs for entering or investigating private property that doesn't involve Tactical Timmy trying to do it solo. Fucking ridiculous.

    2. This guy knew exactly what he was doing and was trying to press the situation in hopes of escalating it enough to justify using deadly force. This seems more likely, given the report stating the "Let me see your hands" warning followed by immediate shots. Jail for for life is not enough for this psychopath. 

     

     

    There were were two cops but other than that, all this. This is such poor procedure that it made it nearly inevitable that either an armed homeowner or police officer would be shot.

     

     

    17 hours ago, fattyflattie said:

    Opossum patrol?  
     

    I understand they serve a purpose. But why don’t you take your Aggy ring wearing ass down to the jetties and ask the dude with the half dozen 12” trout sticking out of a bucket some questions, and take you boat the fuck out of my wade?  80% of my interactions have been in the field, which is akin to being stopped for a roadblock.  Meet me at the ramp or at the gate ffs. 

     

    Exactly.

     

    16 hours ago, C-Man said:

    I see what both of you are saying BUT ... we've just gone through a page or so discussing how segregated FW is. The cop knew damn sure where he was geographically, in the middle of a predominantly (if not completely) black neighborhood. Therefore there's a likely chance his "Spidey Sense" was fully activated since he was -- perhaps in his mind -- behind enemy lines. Just my two cents. Probably much different if he'd been checking out a house in Rivercrest.

     

    Agree may may not have known race given split second shoot, but certainly knew neighborhood

     

    14 hours ago, hopkinsnhorns said:

    They're playing it both ways.  Top brass are throwing him under the bus while his "brothers in arms" are doing whatever they can to help him build his defense.

    No fucking way should the testimony of the 8 year old be admissible, let alone in the arrest warrant, unless that complete interrogation was recorded to be viewed by the jury.  I bet my month's salary that he was coached to say exactly what the cops wanted him to say to give cover for their murderous coworker.

     

    The testimony of an 8 year old will probably be admissible.

    and I am sure the interview was recorded.

    • Like 3
  8. Kids grow like weeds. And they're tough. They'll outgrow a pea-shooter in 2 years.

    I'd rec a Savage 7mm-08 with Hornady Custom Lite 120 gr SST ammo.

    Or a PSA AR in 300BO.

    My teen has many firearms to choose from but always grabs one of the above on the way out the door.

    Low recoil, fairly inexpensive and they both get it done now and for years to come.

  9. On 10/2/2019 at 9:57 PM, Lhorn said:

    Terrible. Didn’t even try to stop until she’s run over the toddler with both axles. Not an accident but gross negligence. I’d like to reinstate my previously expressed ill will towards the driver. Fuck her.

     

    If you weren’t driving too fast, yacking on the phone a 2 year old toddler wouldn’t be dead. Not an accident.

     

     

    Criminal negligence or recklessness.

    Sounds like a case of Criminal Negligent Homicide or Manslaughter.

    I'll expect to see a warrant when the accident reconstruction and investigation is complete.

     

    On 10/3/2019 at 12:34 PM, Nice Guy Eddie said:

    I'm sure he's in a lot of pain.  I can't imagine it. But his lack of attention is also a contributing factor to the kid's death. I wouldn't say that to his face or to a friend of his, but it's a fact.  Someone is dead because of a mistake he made. How much pain he's in doesn't change what he did or didn't do.  

    I know this is an unpopular opinion. Instead people want to throw all of the blame on the person (driver) that doesn't know the child, while saying the father is just being a father. I see it differently.

    User name does NOT check out

  10. 13 hours ago, ajax said:

    So what. Who fucking cares. I was molested as a kid too. I didn't murder anyone. Fuck her.

    Yet

    8 hours ago, Tailgate said:

    Question for lawyers. If they appeal this case and the process opens back up could she gamble and end up getting a higher sentence?

    Yes

    8 hours ago, TwiceHorn said:

    Texas restores firearm rights five years after completion of sentence.

    At residence.

    federal law prohibits it and has serious penalties

     

     

    7 hours ago, RPM said:

    So when they included time served to reduce her sentence, does that include time out on bond?

    No. She has credit for the day or her arrest and the last two days. 10 years, credit 3 days.

    4 hours ago, dcbc said:

    I dragged a rather jaded former prosecutor into my office and made her watch that.  She was a mess of tears.  And she and I have had some heated (yet rational) discussions about this case.  That was something I've not seen before.

    Good. I hate jaded prosecutors.

  11. 12 hours ago, TwiceHorn said:

    Yeah, this sudden passion thing has a lot of roots in common law homicide.  

    Typically, it would nullify the premeditation requirement for "1st degree" type murder.  Since Texas law doesn't take into account premeditation, this is how that's dealt with.

    It comes from common law manslaugher.

    13 hours ago, smuggs said:

    Sudden Passion absolutely has to be on Sex Cop's debut album.

    Along with the chart topping single: Mi Casa es Su Casa!

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