Botham Shem Jean

[Cow Poke]

That's what I think too. If they go after murder, she is likely to get a not guilty, whereas if they go after manslaughter I think they could get a conviction.

It would not surprise me if the "prosecution" was using this as a "gee golly, we TRIED to get a conviction" instead of going for manslaughter, which would pretty much be a slam dunk.

[rogue06]

It would not surprise me if the "prosecution" was using this as a "gee golly, we TRIED to get a conviction" instead of going for manslaughter, which would pretty much be a slam dunk.

That would indeed be sad.

[Cow Poke]

That would indeed be sad.

It would - I would be very disappointed, but not the least bit surprised.

[Sparko]

It would - I would be very disappointed, but not the least bit surprised.

It would be a dangerous game that could backfire.

[Terraceth]

It would not surprise me if the "prosecution" was using this as a "gee golly, we TRIED to get a conviction" instead of going for manslaughter, which would pretty much be a slam dunk.

I'd be inclined to think the opposite, that they're just doing the classic prosecutor tactic of charging someone with a more extreme crime than you'd be satisfied convicting them with, in the hopes they'll plea bargain down to the charge you actually want.

Of course, there's also the possibility they have access to information we don't that better justifies the charge.

[Cow Poke]

I'd be inclined to think the opposite, that they're just doing the classic prosecutor tactic of charging someone with a more extreme crime than you'd be satisfied convicting them with, in the hopes they'll plea bargain down to the charge you actually want.

That's certainly possible, but this isn't "the good guys against the bad guys" -- the police and the prosecution often are, for all intents and purposes, on the same side.

Of course, there's also the possibility they have access to information we don't that better justifies the charge.

That's a possibility, too.

[Leonhard]

An officer guns down an innocent person in their own home, the local police tries to dig up dirt on that person and publicises that the person owned a small quantity of marijuana (this is done even though the toxicology report shows that the victim wasn't high at the time), that officer and that police department shouldn't walk scott free from that.

I don't know the precise legal terms but it is very definitely a 'wrongful killing'. She wasn't acting as an officer of the law at that moment. She was at another persons apartment - accidentally or not - and she shot down and killed a person, in his own home, because he wasn't responding to her commands.

There is full intent to kill in this case. She shot; She intended to kill. The killing was also wrongful; She was shooting an innocent person, in his own apartment. He was not the tresspasser, she was.

The whole deal revolves around whether it is a reasonable excuse to say "I'm sorry I mistook the wrong apartment" Some believe that's a reasonable excuse. I don't.

While I agree she shouldn't get life sentence, as the murder wasn't premeditated, I think any sentencing below four years would be a gross injustice.

If she walks out blameless as the snow, there will be riots and I won't blame the people participating in those riots.

[Leonhard]

That's certainly possible, but this isn't "the good guys against the bad guys" -- the police and the prosecution often are, for all intents and purposes, on the same side.

In this case the police were the bad guys. Especially about revealing things about the victim to the press, while protecting similar releases about the officer to the press.

[Leonhard]

It would not surprise me if the "prosecution" was using this as a "gee golly, we TRIED to get a conviction" instead of going for manslaughter, which would pretty much be a slam dunk.

As I said, if this is another case of the courts holding their hand over a police officer I wouldn't be one bit surprised if there were more riots. Just recently an officer walked out of court with mere 90 day sentence, for a rape he did against a person who he was supposed to drive to the hospital for treatment of her alcoholism; He admitted to the rape, on the hood of his police cruiser, and to top it off he drove her home and told her to give him a call; Gross abuse of power ... 90 days.

That's messed up Cow Poke.

If something similar happens here, it'll really start to erode people's trust in authorities. That trust isn't just given, it is continually earned. And it can be lost.

[Cow Poke]

As I said, if this is another case of the courts holding their hand over a police officer I wouldn't be one bit surprised if there were more riots. Just recently an officer walked out of court with mere 90 day sentence, for a rape he did against a person who he was supposed to drive to the hospital for treatment of her alcoholism; He admitted to the rape, on the hood of his police cruiser, and to top it off he drove her home and told her to give him a call; Gross abuse of power ... 90 days.

That's messed up Cow Poke.

No argument whatsoever, sir. It just makes the jobs of the good cops that much harder.

If something similar happens here, it'll really start to erode people's trust in authorities. That trust isn't just given, it is continually earned. And it can be lost.

"Start to erode"? I'll go one better --- Trust is hard to earn - once lost, it's nearly impossible to regain.

[Cow Poke]

In this case the police were the bad guys. Especially about revealing things about the victim to the press, while protecting similar releases about the officer to the press.

Are you under the sadly mistaken impression, perhaps, that I'm DEFENDING this?

[Leonhard]

Are you under the sadly mistaken impression, perhaps, that I'm DEFENDING this?

Oh no, I'm just expressing moral outrage with you.

[Leonhard]

No argument whatsoever, sir. It just makes the jobs of the good cops that much harder.

Its really tragic.

"Start to erode"? I'll go one better --- Trust is hard to earn - once lost, it's nearly impossible to regain.

Definitely. I really don't want to see that happen. My father works as a prison guard, and I've always had a certain amount of trust in the police and I know there are bad apples and mostly good ones.

But still... phew...

Helps that its not in my own country. But I kinda wanna visit and work in the US. Just gotta keep in mind that these cases are atypical.

[Cow Poke]

Oh no, I'm just expressing moral outrage with you.

OK, cool --- because I think this is one of the LEAST defensible cases of "justifiable homicide" I've ever seen. It looks to me like utter incompetence and negligence.

At the risk of catching the ire of some of our more PC members, some of the Dallas officers are complaining that this was, in part, a result of the "diversity" movement -- that they are hiring unqualified people to be police officers to meet certain quotas.

[Cow Poke]

Helps that its not in my own country. But I kinda wanna visit and work in the US. Just gotta keep in mind that these cases are atypical.

EGGzackly --- the reason it made the news because it is so out of the ordinary.