Off duty Police officer mistakenly enters wrong home and kills the occupant

**darb72** · 09-14-2018, 12:06 AM

Originally Posted by NCRAVEN

Murder implies intent. Not the first time you’re wrong. it’s okay darb

She pulled out her gun, aimed it, then fired. That's intent.

**NCRAVEN** · 09-14-2018, 12:09 AM

Originally Posted by darb72

She pulled out her gun, aimed it, then fired. That's intent.

Yeah. Read the thread, that’s been covered

**darb72** · 09-14-2018, 03:30 AM

Originally Posted by NCRAVEN

Yeah. Read the thread, that’s been covered

I've read it. You keep making the same arguments about it being an accident, but it wasn't. Her going to the wrong house was an accident, yes, but she choose to pull her gun out and shoot someone.

Zimmerman, who you alluded to earlier, was being attacked by Martin and had a reasonable fear for his life. With Gray we'll probably never know exactly what happened but it's impossible to premeditate someone breaking their neck in a confined space. So we're back to the facts of this case. She went to the wrong house. She opened the door and screamed at the owner to follow her commands. She willingly pulled out her gun and shot him. The law does not, and should not, recognize her as an officer of the law at that moment. She was breaking the law and she, in full command of her mental facilities, shot an innocent man.

While it is true that this entire ordeal was a tragedy, according to the law this was a case of murder.

**JAB1985** · 09-14-2018, 08:13 AM

Originally Posted by NCRAVEN

being drunk and driving would negligent that and caused the accident/death. So that is why it would be punishable.

so would entering the wrong home. even if she thought it was hers, she was negligent of her surroundings. its literally the same thing, Hence why shes charged with manslaughter, no different than a drunk driver.

and ill repeat, you cannot claim self defense when youre the aggressor. how was the guy being aggressive? what was the fear he caused for her life?

**blah3** · 09-14-2018, 08:26 AM

Originally Posted by darb72

Not even close. She illegally entered the guy's home and shot him. That makes her a criminal guilty of murder.

Again, Mistake of Fact.
This is nowhere near murder. (again IF her story is true).

**darb72** · 09-14-2018, 08:28 AM

Originally Posted by blah3

Again, Mistake of Fact.
This is nowhere near murder. (again IF her story is true).

Doesn't matter. She drew her gun with the intention of killing him while breaking into his home.

**blah3** · 09-14-2018, 08:31 AM

Originally Posted by darb72

Doesn't matter. She drew her gun with the intention of killing him while breaking into his home.

No it does matter. Because according to the law in Texas, it would mean she did not meet Mens Rea. Which would mean she would certainly not be convicted of murder.

**NCRAVEN** · 09-14-2018, 08:33 AM

Originally Posted by JAB1985

so would entering the wrong home. even if she thought it was hers, she was negligent of her surroundings. its literally the same thing, Hence why shes charged with manslaughter, no different than a drunk driver.

and ill repeat, you cannot claim self defense when youre the aggressor. how was the guy being aggressive? what was the fear he caused for her life?

I’ve explained it multiple times. You either don’t get it, don’t want to or just disagree. In either case I don’t see the point of going over it again.

**NCRAVEN** · 09-14-2018, 08:37 AM

Originally Posted by blah3

No it does matter. Because according to the law in Texas, it would mean she did not meet Mens Rea. Which would mean she would certainly not be convicted of murder.

Not to mention she drew her gun with the intention of protecting her life because she feared an intruder she thought was in her apartment.

It seems there are two side in this thread. Ones who think regardless of the law she took a mans life and should be punished. That side is trying to find a way under the law to say she’s guilty of a crime. Just say how you feel regardless.

The other side is saying it was an unfortunate accident that she should not be punished for. And in somecasss the law allows for accidents that aren’t punishable. This seems to be one.

**darb72** · 09-14-2018, 08:39 AM

Originally Posted by blah3

No it does matter. Because according to the law in Texas, it would mean she did not meet Mens Rea. Which would mean she would certainly not be convicted of murder.

From that article I posted earlier, murder is "intentionally or knowingly causing the death of an individual".

After illegally breaking into the man's home, she drew her gun and willingly shot him to death. That is murder.

**NCRAVEN** · 09-14-2018, 08:41 AM

Originally Posted by darb72

From that article I posted earlier, murder is "intentionally or knowingly causing the death of an individual".

After illegally breaking into the man's home, she drew her gun and willingly shot him to death. That is murder.

If she thought she was in her apartment and encountered an intruder do you think her fear of death or bodily harm would have been reasonable? Yes or no?

**blah3** · 09-14-2018, 08:41 AM

Originally Posted by darb72

From that article I posted earlier, murder is "intentionally or knowingly causing the death of an individual".

After illegally breaking into the man's home, she drew her gun and willingly shot him to death. That is murder.

Yeah, no. That's seems to be the world according to Darb case, and not actually what the law is in Texas.