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  1. #205
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    Re: Off duty Police officer mistakenly enters wrong home and kills the occupant

    Quote Originally Posted by NCRAVEN View Post
    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.
    no youve repeated how you ignore that part. I dont see where you acknowledge that she was negligent, or answer those questions i asked.

    I mean what is the trajedy in this if she wasnt negligent?
    -JAB





  2. #206

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

    Quote Originally Posted by blah3 View Post
    Yeah, no. That's seems to be the world according to Darb case, and not actually what the law is in Texas.
    https://statutes.capitol.texas.gov/D.../htm/PE.19.htm
    "A moron, a rapist, and a Pittsburgh Steeler walk into a bar. He sits down and says, “Hi I’m Ben may I have a drink please?”
    ProFootballMock





  3. #207

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


    Texas Penal Code 8.02 – Mistake of Fact
    Current as of: 2016 | Check for updates | Other versions

    (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
    (b) Although an actor’s mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.

    https://www.lawserver.com/law/state/...enal_code_8-02





  4. #208
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    Re: Off duty Police officer mistakenly enters wrong home and kills the occupant

    Quote Originally Posted by JAB1985 View Post
    no youve repeated how you ignore that part. I dont see where you acknowledge that she was negligent, or answer those questions i asked.

    I mean what is the trajedy in this if she wasnt negligent?
    Negligent and Criminally negligent are two different things. And to be an aggressor, to me would need intent.





  5. #209

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

    Quote Originally Posted by NCRAVEN View Post
    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?
    No. She shot, then entered the domicile according to her testimony.
    "A moron, a rapist, and a Pittsburgh Steeler walk into a bar. He sits down and says, “Hi I’m Ben may I have a drink please?”
    ProFootballMock





  6. #210

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

    Quote Originally Posted by blah3 View Post
    Texas Penal Code 8.02 – Mistake of Fact
    Current as of: 2016 | Check for updates | Other versions

    (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
    (b) Although an actor’s mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.

    https://www.lawserver.com/law/state/...enal_code_8-02
    That only applies to the breaking and entering. She's not on trial for that.
    "A moron, a rapist, and a Pittsburgh Steeler walk into a bar. He sits down and says, “Hi I’m Ben may I have a drink please?”
    ProFootballMock





  7. #211
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    Re: Off duty Police officer mistakenly enters wrong home and kills the occupant

    Quote Originally Posted by darb72 View Post
    No. She shot, then entered the domicile according to her testimony.
    I haven't read that. I'll have to look in to it. If that's the case, that would change a lot and I'm not sure why no one would have brought that up before.

    I don't see she shot then went in: https://www.dallasnews.com/news/crim...-officials-say





  8. #212

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

    Quote Originally Posted by darb72 View Post
    That only applies to the breaking and entering. She's not on trial for that.
    It does not. In fact it applies more to higher charge than the lower.





  9. #213
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    Re: Off duty Police officer mistakenly enters wrong home and kills the occupant

    Just like I wrote about earlier....they already trying to sling mud...

    http://www.fox4news.com/news/search-...eadly-shooting

    Why do they never search the officers home? Maybe she has a drinking problem? Or a drug problem too?

    Sent from my SM-G965U using Tapatalk





  10. #214

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

    Quote Originally Posted by NCRAVEN View Post
    I haven't read that. I'll have to look in to it. If that's the case, that would change a lot and I'm not sure why no one would have brought that up before.

    I don't see she shot then went in: https://www.dallasnews.com/news/crim...-officials-say
    "She fired twice, and only then, she says, entered the apartment, called 911, turned on the lights, and realized she’d made a terrible mistake."
    "A moron, a rapist, and a Pittsburgh Steeler walk into a bar. He sits down and says, “Hi I’m Ben may I have a drink please?”
    ProFootballMock





  11. #215

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

    Quote Originally Posted by blah3 View Post
    It does not. In fact it applies more to higher charge than the lower.
    How are they going to spin pulling her gun and willingly firing it at another person as an accident?
    "A moron, a rapist, and a Pittsburgh Steeler walk into a bar. He sits down and says, “Hi I’m Ben may I have a drink please?”
    ProFootballMock





  12. #216
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    Re: Off duty Police officer mistakenly enters wrong home and kills the occupant

    Quote Originally Posted by NCRAVEN View Post
    I haven't read that. I'll have to look in to it. If that's the case, that would change a lot and I'm not sure why no one would have brought that up before.

    I don't see she shot then went in: https://www.dallasnews.com/news/crim...-officials-say
    well this is part of the reason i brought up castle doctrine, which you said you werent using...

    You clearly are and continue to when you claim self defense. I asked those other questions because if were taking out the location (castle doctrine), what is her fear? how was he an aggressor?
    -JAB





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