Oh this is good. Dallas PD cop kills man

[Renegade]

How bizarre. Did the judge actually the term "Castle Doctrine?

No she just read the law. That portion was easy, the permutations were confusing. The way she set it up, murder is an easy decision (4:10 below). Whether MoF or CD applies, is up to the jury.

 

[alias]

No, it wasn't.

Yeah it was.

Man sitting on his couch in his own home (apartment) + intruder enters (invades) and kills him = Home invasion

 

[alias]

Maybe it is 119 pages because this was such an odd never before happened case? We were expecting a jilted lover or bad cop scenario and it just doesn't seem so.

I don't see it as a home invasion. Most home invaders forcibly make entry and intend to rob you.

Doesn't matter what the motive, whether robbery, revenge, whatever.
Enter / invade someone's domicile and it's a home invasion.

Again, lets pretend it's citizen on citizen and it's very understandable.

 

[Bithabus]

Yeah it was.

Man sitting on his couch in his own home (apartment) + intruder enters (invades) and kills him = Home invasion

Opening an unlocked door that you believe is your door is not an invasion

 

[alias]

Opening an unlocked door that you believe is your door is not an invasion

Doesn't matter. The shooter doesn't deserve the 'I didn't know it wasn't mine' defense.

Do you think that would be a valid excuse if a homeowner found you passed out on their couch? Do you think Guyger herself wouldn't arrest you based on the fact the door was open and you thought it was your door?

Ok, so what would you call it? Trespasser enters and kills resident? Not trying to be sarcastic, but this double standard for cops vs.
citizens is just that, double standards.

 

[Bithabus]

Doesn't matter. The shooter doesn't deserve the 'I didn't know it wasn't mine' defense.

Do you think that would be a valid excuse if a homeowner found you passed out on their couch? Do you think she wouldn't arrest you based on the fact the door was open and you thought it was your door?

So you agree this situation doesn't qualify as a "home invasion"?

 

[Renegade]

Home invasion is generally a term for entering the home with the intent to commit further crimes once inside, while detaining the occupants with force.

Guyger unlawfully entered with force, but not with intent to commit further crimes inside.

 

[alias]

No, I'm actually thinking Home invasion is just that, breaking the threshold or barrier of the door and entering a home, castle, whatever, uninvited, makes you an intruder or invader.

 

[alias]

Home invasion is generally a term for entering the home with the intent to commit further crimes once inside, while detaining the occupants with force.

Guyger unlawfully entered with force, but not with intent to commit further crimes inside.

She entered, under her own admission, with the intent to kill.

She fuc't up. She was trained, if she was paying attention in the 3,500 hrs. of training, to call and wait for backup in a burglary situation.
Now looking from the poor victim's position, she invaded his space/domicile with the intent to kill him, under her own admission and shot placement, and killed him.
His space was invaded. Home invasion.

 

[alias]

If someone armed enters your front door uninvited and unexpected, yelling commands at you, are you going to ask what their intentions are to determine if they're home invaders or just confused people?

It's moot, you just got invaded and shot in the chest by an armed intruder.

 

[Frank59]

https://www.click2houston.com/news/...-castle-doctrine-in-amber-guyger-murder-trial

 

[alias]

So you agree this situation doesn't qualify as a "home invasion"?

After sleeping on it, I don't think it's a home invasion, at least not in the normal sense. But I definitely believe she was an intruder.

I would have responded to either one the same.

 

[kbaxter60]

Does anyone else here wonder how this would have played out if he HAD followed her instructions? So she has him on the floor, saying "this is MY apartment!". She realizes it's true. She holsters weapon, saying "my bad; I must be off one floor." And leaves.

Just too strange of a scenario to even imagine...
Either way.

 

[El Spicoli]

Doesn't matter what the motive, whether robbery, revenge, whatever.
Enter / invade someone's domicile and it's a home invasion.

Again, lets pretend it's citizen on citizen and it's very understandable.

Well, if you wanna be technical in your definition, you are still wrong. Door was unlocked apparently. You are pissed, I get it but this is a rare occurrence. You act like this happens all the time. Maybe get with SC-Texas to protect yourself from the police?

As for the if it was a citizen and she is getting special treatment, it just seems like more whining. We don't treat our soldiers to a criminal trial when innocent people are sometimes killed in war so I am willing to give our LE some leeway as well when they are answering high risk calls most here don't want to answer or for some couldn't answer. But hey, I am a boot licking apologist for LE so again, think what you want. Just giving you a different perspective.

We all agree she screwed up, we don't all agree it was murder and for those that do not, they have state the mitigating circumstances. Heck where I give some leeway, many here would show a clear bias because she is LE.

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[easy rider]

Since when is an unlocked door an invitation?

 

[Renegade]

Does anyone else here wonder how this would have played out if he HAD followed her instructions?

there is no evidence he did not follow her instructions. All she ask was to see hands. He may have complied.

 

[ZX9RCAM]

Yeah, she killed the only person who could refute her story....

 

[jrbfishn]

Somebody please explain to me how this does not qualify as a home invasion.
She was in the wrong residence, without invitation. Period.
Why or how she got in is really irrelevant unless you are looking for excuses. What her intent was once she gained access to the residence is irrelevant as well. Bottom line, she had no legal right to be there.
Since when is tired and mistaken a justifiable defense to killing another?
And when did they pass a law that residential doors had to be locked? What type and quality lock? How many locks?

So, if someone comes to my home and the door is unlocked or is malfunctioning the can kill me and it is not murder but a "mistake"?

Nope, sorry, but that is just bullshit.



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[Renegade]

Why the fuss over home invasion? There are no additional penalties for a home invasion AFAIK. Not defined in law either.

What she did do is admit she entered by force, and intentionally caused his death. These are two of the most critical components of the murder and she admitted them on the stand.

it is like she read the murder statute (9.32) and then testified to its parts. She literally testified her way into a murder determination.

 

[El Spicoli]

Since when is an unlocked door an invitation?

I don't think anyone said it was but c'mon you gotta admit that was one in a series of circumstances that led up to where we are now.

Also, going back to - she is getting special treatment, she was charged and there is a trial. A citizen getting due process so what more do you want?

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