What do you think the penalty should be?

[tvc184]

If she truly thought that was her apt, she could be aquitted, as accidental shooting because of castle law.

I agree with you... but hate the term castle law or castle doctrine. Those are concepts and opinions, not statutory law.

Defense to prosecution is based on a reasonable belief.

In Texas law if self defense is claimed and evidence of it is allowed in trial, the state has to prove beyond a reasonable doubt that the defense did not exist.

[tvc184]

Not exactly the same but.....

About 6 weeks ago police in Colorado shot and killed a man in his own home after the family called the police for a burglary in progress. The homeowner did have a gun but was defending his family from an actual intruder. It looks like the homeowner didn’t comply with commands to drop the weapon and was killed. A completely innocent man who was defending his family from an actual intruder was shot and killed by the police. Does that officer(s) go to jail for murder?

In both cases a completely innocent person is killed by the police acting in a reasonable belief (assuming the officer in Dallas actually made a mistake).

https://www.google.com/amp/s/www.nbcnews.com/news/amp/ncna896041

[txhunter007]

Accident or not. Hang her

This is the most ignorant comment on this thread, which has quite a few ignorant comments in it.

[K. Lane]

There is always 3 sides to every story....we may never know for sure

[xman59]

If she truly thought that was her apt, she could be aquitted, as accidental shooting because of castle law.

it is not an accidental shooting! it was a deliberate shooting, the outcome is as yet to be determined

[tvc184]

it is not an accidental shooting! it was a deliberate shooting, the outcome is as yet to be determined

I have made that statement on various forums and to officers at work discussing it. I believe reckless Manslaughter is a totally wrong charge and she intended to do what she did. The only question then becomes, is there a defense under Chapter 9 of the Penal Code, does she have a defense from prosecution.

[xman59]

I have made that statement on various forums and to officers at work discussing it. I believe reckless Manslaughter is a totally wrong charge and she intended to do what she did. The only question then becomes, is there a defense under Chapter 9 of the Penal Code, does she have a defense from prosecution.

i am glad in this case i do not have to decide,,, after doing 30 as an leo,, i also worked some long and tiring shifts,,, once having worked 24 hours straight through,,,, i have never been confused on were i lived however,,, and i have lived in apartments were everyone looked the same... i for one will withhold most of what i think until all or at least most facts are known

[Yelladog]

.

Im not going to say throw the book at her right away but. For those defending the possibility of just a random mistake. What if she was not a LEO and rather just a woman with an LTC and had the same outcome?

I heard it was after a long 13hr shift. I bet there are several in this thread that work those hours pretty regular. So I'm kinda on the fence as to what should happen to her. If you believe a regular person would get the book thrown at them, then IMO a LEO should be held to a higher standard and def be punished.

Sad sad deal for sure

[mikemorvan]

I just don't see how a person, police or otherwise (though you'd think police would be held to a higher standard), can kill someone and just say it was an accident. I just go back to the idea of knowing your target. Rule 1.

But assuming it was decided to have been an accident, and for the sake of argument a 5 year sentence is imposed and out of jail in three years, folks had better get ready for some stuff to burn. Nationwide. I hope i'm wrong.

I have no idea what a "fair" punishment would be. Nothing is bringing Botham Jean back, nothing is going to undo Amanda Guyger going to wrong apartment and making the mistake of her life. Horrible.

[mww982]

Definitely not murder as there has to be intent. If it was a case of mistaken apartment there was no premeditation, so murder is out. Manslaughter possibly if they can prove she was reckless. In my opinion it would fall more under criminal negligence so criminally negligent homocide would be a better fit.


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[mikemorvan]

Not exactly the same but.....

About 6 weeks ago police in Colorado shot and killed a man in his own home after the family called the police for a burglary in progress. The homeowner did have a gun but was defending his family from an actual intruder. It looks like the homeowner didn’t comply with commands to drop the weapon and was killed. A completely innocent man who was defending his family from an actual intruder was shot and killed by the police. Does that officer(s) go to jail for murder?

In both cases a completely innocent person is killed by the police acting in a reasonable belief (assuming the officer in Dallas actually made a mistake).

https://www.google.com/amp/s/www.nbc...amp/ncna896041

I have made that statement on various forums and to officers at work discussing it. I believe reckless Manslaughter is a totally wrong charge and she intended to do what she did. The only question then becomes, is there a defense under Chapter 9 of the Penal Code, does she have a defense from prosecution.

Can we get a synopsis of Chapter 9 of the Penal Code?

[QuackHunter]

It's definitely sad deal but from the information released I don't see any criminal intent so a definite no on charging her with murder.
Manslaughter is a definite possibility IMO as it does seem more like negligence.

They live one floor apart in apartments stacked on top of each other both with a very similar layout. If it were you entering what you at the time thought was your residence and seeing a large figure there what would your reaction be? Wether LEO or not she still shot and killed a man in his own residence.

Very much a Mistake of fact with the lack of known intent.


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[jerp]

I was reading some criminal defense attorney opinions on this case. If charged with murder a “mistake of fact” defense could allow her to walk if the jury buys it. If charged with manslaughter the prosecution has to prove recklessness. The evidence would show she was not reckless, she shot him on purpose. I do not envy the prosecutors on this - coming up with the right strategy - with the greatest chance of achieving justice - is very difficult. There is no way everyone will be happy with the results

[QuackHunter]

What do you think the penalty should be?

Can we get a synopsis of Chapter 9 of the Penal Code?

From my brief look over Chapter 9 of the Penal code this is what stuck out to me and seems to fit the circumstances well.

Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;




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[Kodiakk]

Did you also park in the wrong parking lot??

Mine along with many apartments have a parking garage like those you find downtown. One level looks the same as the next and are only labeled on the pillar of the ramp leading to that level. So no I was in the right lot, just the wrong level.