Remember that off-duty cop that shot a man in his own apartment?

Admiral X · Post by **Admiral X** » Tue Oct 01, 2019 4:50 pm

Good. Hopefully they don't nerf the sentence too much.

BridgeConsoleMasher · Post by **BridgeConsoleMasher** » Tue Oct 01, 2019 5:49 pm

Holy shit. Can't wait to hear what Legal Eagle thinks (so to speak).

I've yet to get into the verdict myself, but is anybody aware of if there's a disclosed detailing of the judicial outcome?

ProfessorDetective · Post by **ProfessorDetective** » Thu Oct 03, 2019 12:52 am

Looks like she's doing a dime for this one...

https://www.npr.org/2019/10/02/766454839/amber-guyger-ex-officer-who-killed-man-in-his-apartment-given-10-years-in-prison

And apparently, the victim's brother forgave her for her crimes, which has sent Twitter into a bit of a debate...

https://twitter.com/TwitterMoments/status/1179547756358037504

BridgeConsoleMasher · Post by **BridgeConsoleMasher** » Thu Oct 03, 2019 1:01 am

So is there a precise boundary line between manslaughter and murder?

PapaPalpatine · Post by **PapaPalpatine** » Thu Oct 03, 2019 1:15 am

Bet she'll be doing her time in a private cell. As a former cop, they can't put her in General Population unless they want to find her shivved in the shower by the end of her first week.

Admiral X · Post by **Admiral X** » Thu Oct 03, 2019 5:19 am

Typically manslaughter is when you accidentally kill someone. As in, you were backing the truck up and, oops. Or, you were shooting at that deer at the top of the hill, and either it went right through and kept on going, or you missed and it ended up hitting and killing a person. Or, you were beating the tar out of someone, and instead of just sending them to the hospital, you sent them to the morgue. Point is that you killed someone but didn't really mean to, and usually some amount of negligence is involved. That's why I was completely unsympathetic to the "but it was an accident" defense, because even if you went along with that, anyone other than a cop is going to be spending time behind bars or otherwise facing some serious consequences for an accident that killed a person. Murder is when you meant to kill someone. First degree is when you had it all planned out ahead of time, and second degree is more "heat of the moment." For most people who aren't cops, entering someone else's home (by accident or not) and shooting them dead would be murder the second. It's nice to see some justice done in this case, though. Probably not as steep of a sentence as us little people would have gotten, but better than the scott free you normally see cops get.

BridgeConsoleMasher · Thu Oct 03, 2019 11:56 am

Admiral X wrote: ↑Thu Oct 03, 2019 5:19 am Typically manslaughter is when you accidentally kill someone. As in, you were backing the truck up and, oops. Or, you were shooting at that deer at the top of the hill, and either it went right through and kept on going, or you missed and it ended up hitting and killing a person. Or, you were beating the tar out of someone, and instead of just sending them to the hospital, you sent them to the morgue. Point is that you killed someone but didn't really mean to, and usually some amount of negligence is involved. That's why I was completely unsympathetic to the "but it was an accident" defense, because even if you went along with that, anyone other than a cop is going to be spending time behind bars or otherwise facing some serious consequences for an accident that killed a person. Murder is when you meant to kill someone. First degree is when you had it all planned out ahead of time, and second degree is more "heat of the moment." For most people who aren't cops, entering someone else's home (by accident or not) and shooting them dead would be murder the second. It's nice to see some justice done in this case, though. Probably not as steep of a sentence as us little people would have gotten, but better than the scott free you normally see cops get.

Yeah, I can see how this can be considered like heat of passion, just that she wasn't angry at the person.

The castle doctrine thing though, kind of ironic how they used a defense that sanctions killing people because she just ends up falling on her own blade. She legally "meant" to kill the person.

Darth Wedgius · Post by **Darth Wedgius** » Thu Oct 03, 2019 4:30 pm

Well, there's voluntary manslaughter vs. involuntary manslaughter, and voluntary manslaughter could have applied. It seems like a case of imperfect self-defense -- an honest but unreasonable belief that she was defending herself from a serious threat. But not all jurisdictions recognize imperfect self-defense as a defense, and they don't all apply it the same way.

Admiral X · Post by **Admiral X** » Thu Oct 03, 2019 5:12 pm

No, even with voluntary manslaughter, it's all about intent. I gave an example of that where if you beat someone up and they end up dying, that would be voluntary manslaughter. It's all about intent. If you shoot someone that's pretty straightforward as far as intent to kill someone goes.

Trying to use castle doctrine was a non-starter and I'm glad the jury called bullshit on that. Castle doctrine only applies to your own home. In this case, the guy she shot would have been justified in killing her to defend himself rather than what actually happened.

Darth Wedgius · Post by **Darth Wedgius** » Fri Oct 04, 2019 4:50 pm

According to Wikipedia, "Voluntary manslaughter is the killing of a human being in which the offender acted during the heat of passion, under circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point that they can't reasonably control their emotions. Voluntary manslaughter is one of two main types of manslaughter, the other being involuntary manslaughter." and "Voluntary manslaughter requires the same intent as murder."

There could be a difference in some stated, though.

*Sfdebris.net

Remember that off-duty cop that shot a man in his own apartment?

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Re: Remember that off-duty cop that shot a man in his own apartment?

Re: Remember that off-duty cop that shot a man in his own apartment?

Re: Remember that off-duty cop that shot a man in his own apartment?