Accidental breaking and entering and manslaughter

[C_Hallbert]

What if a young white man, gainfully employed as an accountant, is napping on his sofa. He's a devout christian with a clean police record. He wakens to a black cop that has broken into his apartment. The cop shoots the innocent white accountant because he "doesn't respond to her commands."

Would the "Right Evidence" and "Jury" be present in that case?

I am curious as to the probable judicial outcome in the event that an Off Duty Officer (of any race) erroneously entered the wrong home, draws sidearm, shots are fired by either the resident or both parties, and the Officer dies (although this outcome is unlikely due to the generally superior expertise of Police Offices). Still, if the resident heard the door being opened there may well be time to draw a weapon in advance of the confrontation.

I’m sure that the Prosecution would contend that a Police Uniform should be ample sign that the intruder is an Officer and that the Resident should lower his weapon, but what if the Officer opened fire first?


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[dennishoddy]

I pretty much agree with the outcome. The decedent was eating ice cream on his couch watching Netflix. Not threatening in any way although he may have jumped up when seeing her. Don't know.
After shooting him, her first response was to call her boyfriend, not dispatch to get an ambulance headed that way. Looking at the body cam of responding officers, she had not attempted CPR.
The only thing I don't understand is why the guy living there did not have his door locked. Maybe accidentally left unlocked?
The forgiveness from the Brother was a moment that hit the heart strings of lots of folks including mine. It took a huge heart to do that, and he stepped up.

 

[Snattlerake]

I am curious as to the probable judicial outcome in the event that an Off Duty Officer (of any race) erroneously entered the wrong home, draws sidearm, shots are fired by either the resident or both parties, and the Officer dies (although this outcome is unlikely due to the generally superior expertise of Police Offices). Still, if the resident heard the door being opened there may well be time to draw a weapon in advance of the confrontation.

I’m sure that the Prosecution would contend that a Police Uniform should be ample sign that the intruder is an Officer and that the Resident should lower his weapon, but what if the Officer opened fire first?


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Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

 

[BobbyV]

Turns out her sentence wasn't as lenient as everyone wants to make it out to be . . .

The federal Bureau of Justice Statistics attempts to collect and analyze information on crime and punishment at all levels of government, including states. According to one BJS report on time served in prison nationwide in 2016, offenders sentenced for murder or non-negligent manslaughter served an average of 15 years in state prison before their initial release. The median time served in prison for murder was 13.4 years.

According to the same report, 96 percent of violent offenders released in 2016, including 70 percent of those sentenced for murder or non-negligent manslaughter, served less than 20 years before their initial release from state prison. The 2016 report indicates that offenders serving prison terms for murder or non-negligent manslaughter served an average of 57 percent of their maximum sentence length before being released.

 

[donner]

Turns out her sentence wasn't as lenient as everyone wants to make it out to be . . .

"as lenient" is still lenient. Or, as the actual headline says "Guyger's sentence was somewhat lenient, statistically, but not by much"

 

[CHenry]

The only thing I don't understand is why the guy living there did not have his door locked. Maybe accidentally left unlocked?
.

The story I heard on the Markley and Vancamp talk show was that he had not only left it unlocked but not pushed closed all the way closed for and latched so when she went to put her key in it more or less opened as she pushed on the key

 

[ignerntbend]

Turns out her sentence wasn't as lenient as everyone wants to make it out to be . . .

If she serves the average of 57% of ten years, that sounds lenient to me. A little over five years and a half. Maybe she'll serve less? Good behavior and all that. I know, I know, all she did was kill an innocent man in his own home.

 

[D. Hargrove]

Contrary to popular opinion of some in the Urban masses, this was not a racial hit. This was a mistake, poor judgement, long hours, stress, incompetence, too busy sexting her boyfriend, lazy, arrogance, Tired, horny, not paying attention, abject failure stupid. The former Officers actions demonstrated a complete and total lack of situational awareness, she didn't even know what apartment she was entering., what floor she was on, how many stairs she climbed and so on and so on. A red door mat, the apt had different furniture, TV and lastly a Black man sitting on a couch that is not yours.
Mistakes happen everyday, accidents occur in pert near all workplaces at some time or another. Unfortunately for the former Officer, her workplace was the streets and in her state of mind at that time, she was not situationally aware of her environment. Confess the crime, do the time and write a book.

 

[okierider]

Contrary to popular opinion of some in the Urban masses, this was not a racial hit. This was a mistake, poor judgement, long hours, stress, incompetence, too busy sexting her boyfriend, lazy, arrogance, Tired, horny, not paying attention, abject failure stupid. The former Officers actions demonstrated a complete and total lack of situational awareness, she didn't even know what apartment she was entering., what floor she was on, how many stairs she climbed and so on and so on. A red door mat, the apt had different furniture, TV and lastly a Black man sitting on a couch that is not yours.
Mistakes happen everyday, accidents occur in pert near all workplaces at some time or another. Unfortunately for the former Officer, her workplace was the streets and in her state of mind at that time, she was not situationally aware of her environment. Confess the crime, do the time and write a book.

Thank you!! Some times people do stupid **** and "we the people" sit in out armchair and pass judgement on something we do not have all the facts on!! Shut up America, a judge and jury heard the facts and we have the results. Move on , nothing to see here!!

 

[AKguy1985]

They had the deceased's family on Dr. Phil today, the gf was watching it when I got home from work. They will keep her in solitary, she will not be let out in gen pop, even amongst the women she'd get shanked.