Cop walks into wrong apartment and kills man

MG0h3

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Just playing Devil's Advocate...but any time you draw a weapon and fire, the goal is to kill. That said, I still don't see how that equals premeditation.

Premeditation would mean she went through that door knowing she was going to kill the man behind - right?

The intent isn’t to kill. It’s to stop the threat. Best way to stop the threat is shots to the upper chest area. It just so happens that is likely to kill.

I don’t even think she could’ve gotten off on using the proper term anyways. I don’t recall reading that this guy charged her or anything.


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IronSnake

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Just playing Devil's Advocate...but any time you draw a weapon and fire, the goal is to kill. That said, I still don't see how that equals premeditation.

Premeditation would mean she went through that door knowing she was going to kill the man behind - right?

In her testimony, they point blank asked her did she draw with the intent to kill when she walked in the apartment, and she point blank said yes.
 

BlckBox04

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I think we're having a hard time grasping what the clear definition of premeditation is in this instance
 

_Snake_

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The intent isn’t to kill. It’s to stop the threat. Best way to stop the threat is shots to the upper chest area. It just so happens that is likely to kill.

I don’t even think she could’ve gotten off on using the proper term anyways. I don’t recall reading that this guy charged her or anything.


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I think her “I intended to kill him” answer is what the jury is viewed as premeditation. I think if she would have still been convicted of manslaughter if she responded “I intended to stop the threat” instead.

JMHO.

But that’s a huge difference in time behind bars.
 

03Sssnake

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I think her “I intended to kill him” answer is what the jury is viewed as premeditation. I think if she would have still been convicted of manslaughter if she responded “I intended to stop the threat” instead.

JMHO.

But that’s a huge difference in time behind bars.

I bet at that point her defense attorney/s face palmed, smacked their heads on the table.
 

svtfocus2cobra

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I didn't follow this trial as closely but from what you guys are saying she said about her drawing with the intent to kill then that is pretty much opposite of what the police teach in escalation of force, she clearly didnt follow any of it by just drawing and firing on her target. She left out the whole part where you ID the hands and actually determine if the suspect is a valid threat to begin with. She ****ed up and for good reason she is going to jail, and everyone should be glad because she is a terrible cop who doesn't even remember her own training and doesn't need to be wearing the uniform.
 

quad

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This incident sucks for both parties. He was innocent and minding his own business in his apartment and she was apparently tired after working 13.5 hours and mistakenly went to the wrong apartment. I read that other people had made the same mistake in the past. The complex appears to be designed such that many units look identical regardless of the floor you are on.

She parked on the wrong level if I recall and because she was tired thought her apartment door was unlocked and assumed he was an intruder. I could see this being a mistake and because of her training and experiences at work instinctively went for her gun. Now obviously the victim deserves justice I just don't know if this qualifies for murder. I would say manslaughter. This is a tough one.
 

quad

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I didn't follow this trial as closely but from what you guys are saying she said about her drawing with the intent to kill then that is pretty much opposite of what the police teach in escalation of force, she clearly didnt follow any of it by just drawing and firing on her target. She left out the whole part where you ID the hands and actually determine if the suspect is a valid threat to begin with. She ****ed up and for good reason she is going to jail, and everyone should be glad because she is a terrible cop who doesn't even remember her own training and doesn't need to be wearing the uniform.
She might be a terrible cop and didn't remember her training but that does not mean she had intent to murder someone. It really sucks for the victim and his family though. Will be interesting to see what kind of sentence she gets.
 

svtfocus2cobra

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She might be a terrible cop and didn't remember her training but that does not mean she had intent to murder someone. It really sucks for the victim and his family though. Will be interesting to see what kind of sentence she gets.

She actually did when she pulled the trigger. Drawing your gun does not mean you intend to kill the person, pulling the trigger multiple times does. Didnt she even specifically say she intended to shoot him? If you intend to shoot someone then you know that you are very likely to kill them.
 

jmsa540

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I thought this exact same thing and im baffled why she said this.. why not say "neutralize the threat"?
I think her “I intended to kill him” answer is what the jury is viewed as premeditation. I think if she would have still been convicted of manslaughter if she responded “I intended to stop the threat” instead.

JMHO.

But that’s a huge difference in time behind bars.

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IronSnake

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She might be a terrible cop and didn't remember her training but that does not mean she had intent to murder someone. It really sucks for the victim and his family though. Will be interesting to see what kind of sentence she gets.

I originally thought she'd be dinged for Manslaughter. But I believe the DA must've seen something that warranted a legitimate Murder 2 charge in her confession. That something being she openly admits her intent to kill him.

It's one thing if you're in your home, someone breaks in, you fire and defend yourself. But she technically trespassed in to his home, pulled a weapon on him, he may or may not of tried to defend himself, and she fired with the intent to kill. The only part that made this case foggy was the long shift and the identical apartments.
 

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