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Oh this is good. Dallas PD cop kills man

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  • El Spicoli

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    They are talking about it on the 820am talk shows. The Fair is next week and many fear something is gonna happen depending on the verdict handed down. Saucedo this morning stated DA was promoting social justice more than actual justice. She should never have been charged with 1st degree homicide and many think the jury will not convict on that. DPD is already stretched thin. It could get volatile pretty soon - no social justice, no peace.

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    Texas SOT
     

    El Spicoli

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    All the more reason to carry at the fair


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    Yep. 2 years ago, the "wanders" at the gate missed it. Of course, even with carrying, it might be a good idea to avoid crowds, specifically black crowds in high crime areas like where the Fair is.

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    pronstar

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    Yep. 2 years ago, the "wanders" at the gate missed it. Of course, even with carrying, it might be a good idea to avoid crowds, specifically black crowds in high crime areas like where the Fair is.

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    When we first moved to Dallas, we leased a fully furnished house in Pleasant Grove right up the street from the fairgrounds

    We fell in love with the house...
    https://www.trulia.com/p/tx/dallas/7210-eccles-dr-dallas-tx-75227--2066484085?mid=12#lil-mediaTab

    ...but were a bit surprised when we first visited and saw the neighborhood surrounding our quaint little cul-del-sac LOL




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    BillFairbanks

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    When we first moved to Dallas, we leased a fully furnished house in Pleasant Grove right up the street from the fairgrounds

    We fell in love with the house...
    https://www.trulia.com/p/tx/dallas/7210-eccles-dr-dallas-tx-75227--2066484085?mid=12#lil-mediaTab

    ...but were a bit surprised when we first visited and saw the neighborhood surrounding our quaint little cul-del-sac LOL




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    When I was in college, I went with my Christian Fraternity to pass out food in a neighborhood near Fair Park. I ended up getting bit by a ghetto dog.


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    leVieux

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    The Trans-Sabine
    Here, in far, far East Texas, the NFL has forced the folks who run the New Orleans "StuporDome" to prohibit concealed carry, even by local, state, & federal law officers unless they are "on-duty". Yes, that's what they are saying. . . . . . . .

    leVieux
     

    craigntx

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    Cypress, Tejas
    I hope the sistas in tdc put it to her
    The trials on court tv I caught a little yesterday.
    Part of her defense is she was exhausted after a 15 hour shift. But phone records show she was inviting her partner/boyfriend for a bootie call
     
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    Renegade

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    She should never have been charged with 1st degree homicide and many think the jury will not convict on that.

    As was explained in the first 60 pages, she unlawfully entered his apartment, then intentionally shot him. They did not want to, but it was not an accidental shooting. This was the correct charge given what is available in the Texas Penal Code.
     

    txinvestigator

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    A defense to prosecution is "mistake of fact".

    Texas Penal Code
    Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.

    (b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.


    If the defense presents a strong case that there is reasonable belief that she really thought she was in HER apartment, she could be found not guilty. The real question is if a reasonable person in the same situation would have believed as she reports that she believed.

    It is similar to when an officer shoots someone armed with a BB gun. There was not threat of deadly force, but was it reasonably for the officer to believe there was, based on the information available to the officer at the time.

    That said, I believe the desire for someone to pay for Jean's death will cause the jury to convict. That and the fear of riots if she is acquitted.

    And for those who question the murder charge;

    Texas Penal Code

    Sec. 19.02. MURDER. (a) In this section:

    ...

    (b) A person commits an offense if he:

    (1) intentionally or knowingly causes the death of an individual;

    (2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;

    Important definitions

    Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

    (b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

    (c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

    (d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.



    Other types of homicide that might be applicable.
    Sec. 19.04. MANSLAUGHTER. (a) A person commits an offense if he recklessly causes the death of an individual.

    (b) An offense under this section is a felony of the second degree.

    Sec. 19.05. CRIMINALLY NEGLIGENT HOMICIDE. (a) A person commits an offense if he causes the death of an individual by criminal negligence.

    (b) An offense under this section is a state jail felony.

    Very sad for everyone involved and effected.
     

    Renegade

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    A defense to prosecution is "mistake of fact”.

    It is similar to when an officer shoots someone armed with a BB gun

    this case is similar to nothing I have ever seen in my life. The problem with her mistake of fact defense is she was the aggressor.

    It seems indisputable she had no bad intent, and truly made an error going to the wrong apartment.

    but almost all of her actions do not help her. From texting boyfriend, to deleting texts, to failing to render first aid while he lay bleeding, to of course immediately shooting without id’ing Target, I see nothing that helps her. And her attorney seems to be a doofus and is not helping.

    And the existing political climate does not help her either.
     

    Renegade

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    One of the biggest unknowns for me was how she got in.

    I heard the door was unlocked and when she fobbed it with her fob, the fact it did not unlock did not matter since it was unlocked.

    adding to this, I heard the lock was installed incorrectly which caused it to not lock.

    any know for sure?
     

    Renegade

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    I've been wondering that too. If the door was unlocked or broken and she merely opened it and then encountered the man thinking it was her home, then shooting him might be reasonable. If she forced her way in somehow that's a different story.

    I just hit the live feed and they were on break. The talking heads said they just concluded explaining lock and fobs, so more info should be coming out today or tomorrow in print.
     
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