Dallas officer enters apartment she mistakes for her own, fatally shoots man inside (1 Viewer)

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bigdaddysaints

bigdaddysaints

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Dallas officer enters apartment she mistakes for her own, fatally shoots man inside.
Details surrounding the death of Botham Shem Jean, 26, were not immediately available early Friday. Dallas police said in a statement that preliminary information suggests the officer involved called for help, and told responding officers that "she entered the victim's apartment believing that it was her own."
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What's crazy is it doesn't mention anywhere that she was arrested, just placed on Admin leave.
My question is, if she entered the wrong apartment, man thinks its an intruder, pulls weapon or attacks physically, she shoots and kills, is it self defense or murder? (not saying this is the case, just mere speculation)

Dallas police officer enters wrong apartment, fatally shoots man

Officer Involved Shooting – 1210 S. Lamar
 
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Easy one. Sadly for both, but more so for the deceased innocent soul. Manslaughter. It is not murder. It was an accident.
 
Super44 said:
Easy one. Sadly for both, but more so for the deceased innocent soul. Manslaughter. It is not murder. It was an accident.
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Its murder unless she moved in yesterday. You have to reasonably expect a person to know where they live. I don't buy the "I thought it was my place" story. If she entered a white college girl's apartment and murdered her she'd be in jail and awaiting trial for murder. She murdered a minority kid so...whatever. His life should matter just as much as anyone else's.

It's an accident doesn't cut it when you kill an unarmed person in their home. Where's the line when you can "accidently" kill someone in the privacy of their own home?

A police officer that can't figure out where they live? Entered an apartment of a college kid and still didn't realize it wasn't her apartment? Seriously???? Are we to believe that this adult who couldn't find her own aprtment had all the same decor of the kid she killed?

When the victim is a minority, it seems a lot easier to sympathize with the killer. Poor officer with police training saw a big scary black kid in "her" apartment, accidents happen...shame.
 
This is the type of stuff that has led to the Black Lives Matter movement. It's not that they don't believe that all lives matter or blue lives matter, but it's the impression that there's little justice when a minority's life is unduly taken. At the very least, take her into custody.
 
livefromDC said:
Its murder unless she moved in yesterday. You have to reasonably expect a person to know where they live. I don't buy the "I thought it was my place" story. If she entered a white college girl's apartment and murdered her she'd be in jail and awaiting trial for murder. She murdered a minority kid so...whatever. His life should matter just as much as anyone else's.

It's an accident doesn't cut it when you kill an unarmed person in their home. Where's the line when you can "accidently" kill someone in the privacy of their own home?

A police officer that can't figure out where they live? Entered an apartment of a college kid and still didn't realize it wasn't her apartment? Seriously???? Are we to believe that this adult who couldn't find her own aprtment had all the same decor of the kid she killed?

When the victim is a minority, it seems a lot easier to sympathize with the killer. Poor officer with police training saw a big scary black kid in "her" apartment, accidents happen...shame.
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And you are today's big winner. The first one to make this about race. Oh and 26 is not a kid.
 
bigdaddysaints said:
Dallas officer enters apartment she mistakes for her own, fatally shoots man inside.

What's crazy is it doesn't mention anywhere that she was arrested, just placed on Admin leave.
My question is, if she entered the wrong apartment, man thinks its an intruder, pulls weapon or attacks physically, she shoots and kills, is it self defense or murder? (not saying this is the case, just mere speculation)
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Unless she had an objectively reasonable fear for her life or serious bodily injury, justifiable homicide (e.g. self-defense) isn't likely at play (and I doubt that objectively reasonable fear for her life was the case). Instead, I think her defense to what is clearly a homicide would be mistake of fact. But mistake of fact only works to excuse a relevant state of mind - and the mistake has to be reasonable.

So for example, if the charge were to be for second-degree murder (an intentional killing without premeditation), she could potentially argue that her "intent" to kill was based on a mistake of fact: she entered the wrong apartment and believed the occupant was a trespasser intending to harm her. It's possible that she could assert that affirmative defense to knock it down to a lesser.

But for lesser homicides, including manslaugher, reckless homicide, or negligent homicide, I don't think mistake of fact would inform the requisite state of mind - those charges don't require intent or any particular state of mind, they focus on the mechanics of what caused the death.
 
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Why do I have to be either black or white? And I am sure that it has been said by a black person before. But anywho.
 

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