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Dallas officer kills man after mistaking apartment for her own, police say


'stache

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Her social media posts and texts are deplorable. That said, ever hear someone say "boy I'd kill some sumbitch if I caught em fucking my wife"?  Even if someone said that, and they then subsequently did walk in on someone fucking their wife and shot them dead, they would very likely get convicted of "sudden passion."

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They really going to argue that the mere presence of an intruder in someone's castle is "adequate cause"?  That it is sufficient "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"?  Because the intruder's mere existence was the only provocation established.  Fuck that noise.

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5 minutes ago, TXSooner518 said:

Her social media posts and texts are deplorable. That said, ever hear someone say "boy I'd kill some sumbitch if I caught em fucking my wife"?  Even if someone said that, and they then subsequently did walk in on someone fucking their wife and shot them dead, they would very likely get convicted of "sudden passion."

Yeah.  Most of this evidence shows that she's maybe not the greatest person and a little too wrapped up in a certain kind of cop self-image, but beyond that, doesn't seem particularly relevant to this particular crime.

That said, I don't think the jury should bite on sudden passion. 

Edited by TwiceHorn
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4 minutes ago, DaysOff said:

I guess I don't understand our judicial system at all. Yesterday it was murder and 5-99. Now y'all are telling me that can change to 2-20.

Why is it difficult to understand that, upon conviction for murder, which carries a range of 5 to 99, you may try to prove at sentencing that the murder was provoked, thereby reducing the sentencing range?

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I would be fascinated to hear some kind of psychologist break down her personality.  I guess the straightforward analysis would be that she's a really fearful little person that's way overcompensating with bravado.  Seems like a really dangerous type to give a weapon and authority.

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Just now, TwiceHorn said:

I would be fascinated to hear some kind of psychologist break down her personality.  I guess the straightforward analysis would be that she's a really fearful little person that's way overcompensating with bravado.  Seems like a really dangerous type to give a weapon and authority.

You just described a lot of police officers.

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They really going to argue that the mere presence of an intruder in someone's castle is "adequate cause"?  That it is sufficient "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"?  Because the intruder's mere existence was the only provocation established.  Fuck that noise.

Under these facts it’s a bold move.

But the way you phrased it, the mere presence of a stranger in one’s home clearly can justify the use of deadly force against him/her in many circumstances.
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2 minutes ago, HouTex said:


... the mere presence of a stranger in one’s home clearly can justify the use of deadly force against him/her in many circumstances.

As I understand it, the defense is arguing that the discovery of an intruder in your otherwise unoccupied home would commonly cause so much rage, resentment or terror in ordinary people that they become incapable of rational thought.  I get that the presence of an intruder would make most people mad, but I don't think most people would go full berzerker in those circumstances.  Most people are going to call for help.

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How in the hell did someone in their own home watching TV provoke a murder from a trigger happy woman who broke in? Who was unarmed and sitting on his couch? Good Lord. If anyone actually buys that crock of shit, they have no place in a productive society. That makes absolutely zero sense.

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10 minutes ago, hopkinsnhorns said:

I can't handle this.  Fucking allergies.

I served on a Dallas County jury 11 years ago involving a serial child rapist. Had to listen to children age 3 to 9 years old tell in graphic detail how they were raped. That was really tough. The defendant was sentenced to life in prison and it only delay in pushing the jury room light for the conviction is that everyone wanted to use the bathroom before we pushed the light. 12-14 minutes tops.

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As I understand it, the defense is arguing that the discovery of an intruder in your otherwise unoccupied home would commonly cause so much rage, resentment or terror in ordinary people that they become incapable of rational thought.  I get that the presence of an intruder would make most people mad, but I don't think most people would go full berzerker in those circumstances.  Most people are going to call for help.

In these facts I completely agree.
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I think that rule was inserted based on the husband walking in on his wife banging another dude and then shooting one or both. My understanding is that you can argue for a lighter sentence on the theory that you're not really a danger to society at large, just people who you may walk in on banging your wife. In this case, I think she probably was angry about someone she thought was messing with her shit, so there likely was anger in that situation. But based on everything else, and the quickness to the trigger, you have to worry that there are many other unpredictable ways she could be set off to fucking shoot someone. If I were a juror I wouldn't buy rage as a mitigating factor, if anything I'd hold it against her that she can't control herself under a circumstance that happens fairly often (burglary).

Edited by 'stache
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54 minutes ago, Vic Mackey said:

How in the hell did someone in their own home watching TV provoke a murder from a trigger happy woman who broke in? Who was unarmed and sitting on his couch? Good Lord. If anyone actually buys that crock of shit, they have no place in a productive society. That makes absolutely zero sense.

He was hopped up on Blue Bell

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