Re: Dallas cop claims self-defense in apt. mix-up murder trial
Posted: Sat Sep 28, 2019 1:18 pm
Steve James wrote:It is a good argument for having a shotgun ready to blast anyone unknown who comes through the door. You wouldn't be mistaking a fact then.
However, one still needs to be acting in self defense.
Excerpt from "Montana Man Sentenced To 70 Years For Shooting Unarmed Intruder:"
Sam Sanders on February 12, 2015 wrote:A Montana homeowner who killed a German exchange student trespassing on his property last year has been sentenced to 70 years in prison, with no possibility of parole for 20 years.
Markus Kaarma killed unarmed 17-year old Diren Dede after motion sensors in Kaarma's garage detected his presence. As we previously reported, Dede "may have been engaged in "garage hopping" – a local tradition in which teens duck into open garages in search of beer or pot." Witnesses say Kaarma fired at Dede four times. Kaarma was found guilty of deliberate homicide in December.
grzegorz wrote:Seems to me that if an officer felt threatened they would call for back up. I think she made an honest mistake which was followed by many more mistakes. She should be convicted of man slaughter (at least) but I doubt she will.
In defending herself under "mistake of fact," Amber had no duty to retreat. She is either guilty of murder or acted in self defense. By the spirit of the law, manslaughter or criminally negligent homicide does not apply since Amber acted with intent to kill, not without malice or recklessness. However, these lesser charges can still be added to the instructions with her being convicted.
grzegorz wrote:I mean WTF! Could you imagine if she gets off and this becomes the new normal? That cops can knock on your door by mistake, shoot you down and say they simply felt threatened?
I believe cops can do that now, if it's a reasonable mistake. However, they can be sued in civil court.