Steve James wrote:I think that any reasonable person sees the difference between shooting someone accidentally in one's own home and entering and shooting someone in his home. There's really no way to know if a shooting is accidental. How does anyone know that she had a beef with him? Also, from what I read, he didn't attack her, was unarmed, and posed no threat. Moreover, she entered illegally. Even if a mistake, it was illegal. So, she killed him during the commission of a crime.
By Texas law, there is no difference (castle doctrine). No,
Mistake of Fact is
not illegal. The burden is on the prosecution (the State) to disprove mistake of fact and self defense.
Steve James wrote:The judge might also include charges such as reckless endangerment or depraved indifference. I wonder what the charges would be if he had shot her first.
By TX law, he would not be charged. It's self defense under the castle doctrine.
Criminal defense attorney Pete Schulte explains TX law and legalities of the Guyger trial.
Published Sep 23, 2019 8:59 PM
Former police officer, prosecutor, and now criminal defense attorney Pete Schulte joined the Chris Krok Show to talk about the Amber Guyger trial; he doesn't think the prosecution has much of a case...
https://omny.fm/shows/chris-krok/chris- ... ber-guygerPublished Sep 24, 2019 8:52 PM
Attorney Pete Schulte joins Chris to analyze Day 2 of the Amber Guyger trial. Dallas Police Association President Mike Mata pulled Amber Guyger from a police car. Is this special treatment? What about the 911 call and body cam footage? Did Amber follow correct procedure? Pete and Chris answer these questions and more:
https://omny.fm/shows/chris-krok/chris- ... reaks-downCriminal defense attorney Pete Schulte discusses TX law and legalities of the Guyger trial.
Published Sep 25, 2019 10:17 PM
Criminal defense attorney Pete Schulte joined the Chris Krok Show to talk about the third day of the Amber Guyger trial. He says the defense is doing a better job than the prosecutor so far...
https://omny.fm/shows/chris-krok/chris- ... guyger-triPublished Sep 26, 2019 10:46 PM
The prosecution rested their case in the Amber Guyger murder trial, 4 days into what was supposed to be a two week trial. Attorney Pete Schulte says it's surprising they wrapped up their case so quickly...
https://omny.fm/shows/chris-krok/chris- ... tate-rests