WTF Bad boys, Bad boys, whatcha gonna do

OK here plain murder is what most places would call 2nd degree murder.

Argument probably boil down to intent and could end up as some lesser offense anyway.


statelaws.findlaw.com

Texas Second Degree Murder Laws - FindLaw

Learn more about Texas second degree murder laws, homicide, wrongful death, and other legal issues at FindLaw.com.
statelaws.findlaw.com statelaws.findlaw.com
 
HipHugHer said:
This cops trial starts today in Dallas.
Grand jury upped the original charge from manslaughter to murder. Haven't found what the burden of proof is for that. Highest level here is called capital murder, don't know how many levels there are from there down to manslaughter.


www.npr.org

Trial Begins For Former Dallas Cop Who Killed Unarmed Black Neighbor

Amber Guyger, who is white, said she entered the wrong apartment thinking it was her own, and shot Botham Shem Jean, 26, because she thought he was a burglar. Her trial begins on Monday.
www.npr.org www.npr.org
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murder has intent. Manslaughter means you didnt intent to kill the person, but things got out of hand. 1st degree murder means you planned it.
 
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Domon said:
murder has intent. Manslaughter means you didnt intent to kill the person, but things got out of hand. 1st degree murder means you planned it.
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I'm thinking the charge may be because she did intend to shoot him. That much was never disputed. Maybe some social/political angst of white cop, black guy, manslaughter is getting off too easy, etc.

The claim is she had no idea it wasn't her apartment and remained clueless about it long enough to see a guy in there and follow through with shooting him, still not having any indication it wasn't her place until after the shooting.
That's a tough sell IMO.
 
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I think part of the problem is we don’t always get the best people that should be cops to be cops. She’s obviously a fucking dumbshit. I drank myself blind too many times to count and never once came close to walking into the wrong cardboard shithole, and most of these shitholes looks alike. There’s three of my house within a half mile.
 
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HipHugHer said:
The claim is she had no idea it wasn't her apartment and remained clueless about it long enough to see a guy in there and follow through with shooting him, still not having any indication it wasn't her place until after the shooting.
That's a tough sell IMO.
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I would think her apartment would look different than the apartment of this black gentleman. That said, a good defense attorney would/should/could raise a defense that in her intoxicated state she thought her apartment was being robbed, which is why it looked different, yet she still thought it was her place. Would be interesting to compare their decorating schemes & styles.
 
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Immigrant said:
Texas probably has dozens of murder levels.
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oh sorry - felony murder isn't the level of the crime, it has to do with if someone dies during the commission of a felony. if they do, anyone involved in the felony may also be charged with the murder of the person involved, even if they had nothing to do with the actual death
an example would be a getaway driver being charged with felony murder for the bank robber killing a teller, even though he did not himself kill anyone or brandish a weapon.
this was somewhat recently used to charge someone in a case where the victim of the felony murder charges was actually killed by police. I think I posted about it, but I can't remember - I'll try to find an article.

the key thing is, for felony murder there does not need to be intent
 
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Immigrant said:
I think part of the problem is we don’t always get the best people that should be cops to be cops. She’s obviously a fucking dumbshit. I drank myself blind too many times to count and never once came close to walking into the wrong cardboard shithole, and most of these shitholes looks alike. There’s three of my house within a half mile.
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I have. I think a lot of people have who lived in apartments or dormitories or barracks where everything is built identical.
Thing is you know the instant the door cracks open its not your place. I mean f'n immediately and without question.
 
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& I'm not intimating that what happened in this case was felony murder, I was responding to domon's generalization of murder vs manslaughter as intent vs lack of intent with a notable exception

but also, some states don't have manslaughter & what would normally be considered manslaughter by other states is encompassed by a lesser degree of murder charge (e.g. 2nd degree) despite lack of intent.
 
august said:
www.azcentral.com

Murder by proxy: A Phoenix police officer killed Jessica Hicks' boyfriend. She's facing the murder charge

Jessica Hicks never killed anyone, but she's been in jail 2 years awaiting trial for first-degree murder.
www.azcentral.com
cops kill one of the two people doing the felonious acts
& charge the second person with felony murder of the first
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But for the actions,omissions and/or participation of the second person, deadly force would not have been needed with the first (dead criminal) person is how the logic goes.
 
wetwille said:
But for the actions,omissions and/or participation of the second person, deadly force would not have been needed with the first (dead criminal) person is how the logic goes.
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I understand the logic. I disagree with it in practice, but my point in bringing it up was as an exception to murderous intent.
 
wetwille said:
I would think her apartment would look different than the apartment of this black gentleman. That said, a good defense attorney would/should/could raise a defense that in her intoxicated state she thought her apartment was being robbed, which is why it looked different, yet she still thought it was her place. Would be interesting to compare their decorating schemes & styles.
Click to expand...

Well, they didn't arrest her right then. They let her "turn herself in" 3 days later. Read they did a toxicology test that is Not being released to the public. Dont know if that was done that night or when she got booked 3 days later. Alcohol or most kind of uppers is gone in 3 days.

If the first day of trial is any indication this case might turn into a nice little dumpster fire.

Apparently these apartments are a place with a parking garage attached where you park on the level you live on. She lived on the 3rd floor. Drove a level too high to the 4th floor. Never noticed any signs in the garage, walked by 16 doors all labeled with numbers starting with a 4 (her floor would've been numbered in 3's), got to this guy's door who had a red welcome mat outside that hers doesn't have and didn't notice that either.
Some question as to whether the door was just unlocked or hanging open a little but she pushed it open it seems, never noticed a table this guy had that she doesn't have, and commenced to shooting.
Dude apparently had his TV on thursday night football and had his laptop open so even if the rest of the lights were off there was ambient light from screens. Screens that would've been likely shut off or at least in a different spot than her place. She claims to have been gone at work for 13-14 hours.

On top of that the only excuse put forward so far is that she was fucking her partner cop and was so ensconced in sexting on Snapchat and talking on the phone with this guy she never noticed a single one of the 20 or so indicators she was in the wrong place the whole time.
 
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HipHugHer said:
Well, they didn't arrest her right then. They let her "turn herself in" 3 days later. Read they did a toxicology test that is Not being released to the public. Dont know if that was done that night or when she got booked 3 days later. Alcohol or most kind of uppers is gone in 3 days.

If the first day of trial is any indication this case might turn into a nice little dumpster fire.

Apparently these apartments are a place with a parking garage attached where you park on the level you live on. She lived on the 3rd floor. Drove a level too high to the 4th floor. Never noticed any signs in the garage, walked by 16 doors all labeled with numbers starting with a 4 (her floor would've been numbered in 3's), got to this guy's door who had a red welcome mat outside that hers doesn't have and didn't notice that either.
Some question as to whether the door was just unlocked or hanging open a little but she pushed it open it seems, never noticed a table this guy had that she doesn't have, and commenced to shooting.
Dude apparently had his TV on thursday night football and had his laptop open so even if the rest of the lights were off there was ambient light from screens. Screens that would've been likely shut off or at least in a different spot than her place. She claims to have been gone at work for 13-14 hours.

On top of that the only excuse put forward so far is that she was fucking her partner cop and was so ensconced in sexting on Snapchat and talking on the phone with this guy she never noticed a single one of the 20 or so indicators she was in the wrong place the whole time.
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Good job gathering some of those particulars up. Sometimes a cigar is not a cigar.

I jerked open the door to "my car" in a parking lot a while back - scared the beejebus out of some 70+ black lady. White people be crazy.
 
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It's kind of big talk here as it makes for good local-ish media. Gotta pick out the details amidst all the wild speculation.
 
We basically got a ho who's pussy was so swollen and dripping wet for her hot Latino cop partner lover she didn't even know where she was.

ALLEGEDLY
 
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