Dallas cop kills innocent man

Me being one of them. Reading the article, it seems there is something going on behind the scene. The mayor’s remarks so quickly after the firing and the chief’s statements 4 days prior seem to indicate pressure from above.

I’m sure there was pressure. Pressure to fire someone for killing an innocent person seems like a reasonable thing to use political clout for.

As to the reason for the delay, if I’ve correctly gathered their reasoning (such as it is), it may be related to Fifth Amendment issues that have arisen in other cases when police officers have been under both internal investigation and prosecution concurrently. The internal investigation is not a legal proceeding, but an employment proceeding, and may compel testimony from the accused which they could refuse to give in a criminal investigation on Fifth Amendment grounds. If such testimony then influenced subsequent legal proceedings, the accused could possibly pursue an appeal, or have testimony barred from their trial, on the basis that their right to avoid self-incrimination had been violated. (I think one of the stories I read even mentioned a convicted cop successfully appealing their conviction this way, but I can’t find it now.)

So, it’s plausible that the department has a policy of not running an internal investigation concurrently with the criminal investigation to avoid handing the accused a free shot at an appeal. If departmental policy also requires an investigation before a firing–which it likely does–that would prevent them from actually firing the accused until they were past whatever milestone in the criminal proceedings the policy specifies. In this case, it could mean that they had to wait until the indictment, then they could quickly hold a pro forma investigation, and then fire her–all without breaking their own procedures or jeopardizing the criminal case against her.

Now, that could all be ass-covering bullshit from the department. I’m neither a lawyer nor a cop, so I don’t have any particular insight into the department’s policies. I wanted her fired immediately. On the other hand, I don’t want her to walk on a technicality, and if a few days of bureaucratic stalling is necessary to mitigate that risk, I guess I can put up with it. It’s inevitably going to piss people off, though.

And now she’s been indicted on murder charges, upgraded from manslaughter.

Thanks for posting the update, I was wondering about this the other day.

I didn’t think it was typical to get bail in murder cases. :confused:

Yeah I thought that was odd too. And not only is she granted bail, but why is her bail for murder less than the bail for manslaughter, a “lesser” offense? I’m guessing the $200k was in addition to the $300k?

I believe you are correct, do not a have case in my head on direct point, but I do remember a case of Fireman securing the scene then coming back without a warrant; Michigan v. Tyler, USSC

Syllabus also mentions no distinction between fire and police concerning the 4th

Something that jumped out at me in that article:

Say what? Five years for murder? Serving half that long? In Texas? WTF?!

It’s easy to find articles describing what happened. The cop apparently put two kids (12 and 13) suspected of petty theft in the back of his squad car, held his gun to their head and pulled the trigger twice, killing one kid with the second trigger pull; he claimed he thought the gun was empty. It appears the conviction was appropriate - “murder with malice”, the most serious charge available.

What I can’t find is any extended discussion of the sentence - who the judge was, why he imposed such a ridiculous sentence, or the parole board’s claimed justification in releasing him. I mean - we know why, but still.

This has to be the most bizarre shooting by law enforcement imaginable.

I can understand getting off the parking deck on the wrong floor. Walking up to the wrong apartment door.

My key doesn’t fit the lock?

99% of the time that’s when nearly everybody would realize they were at the wrong apartment.

It’s just unimaginable that this would escalate to a shooting.

This cop is headed to prison. There’s no way any jury can give any verdict except guilty.

I still would like to know how she got inside that apartment? Was the door ajar? Did he unlock it and confront her?

This was a tragic accident. Similar to a homeowner hearing a noise inside the house and shooting a relative that was supposed to be out of town.

That’s usually considered manslaughter.

I’m not convinced a murder charge fits this shooting.

She obviously believed an intruder was in her apartment. A stupid and tragic mistake. But there was no planned intent to murder a random person.

IMHO, I think you are giving a rather uncritical reading to the events that unfolded. (ETA: Though actually, you do seem to get it in your first post. I don’t understand how you get from the first post to the follow-up I quoted. You clearly have questions about how things could have happened as she said.) The officer’s whole story stinks, and I don’t believe it happened as she claims for a second. Clearly, with the upgraded murder charge, the prosecutions thinks so, too.

Yeah but he had the dreaded marijuana in his apartment…so he was probably baked out of his mind, and laid some sort of trap that unfortunately snared this poor lady.

I do question what happened. But so far they haven’t established any connection between the cop and victim. Maybe that will come out in the trial.

There were reports of a noise complaint a few days earlier. That’s certainly not a reason to shoot someone.

I worry that by over charging she may get off.

A manslaughter charge can easily be proven. Let’s see what testimony links these two people.
Maybe there’s conclusive testimony that shows it wasn’t accidental.

Looking at the charges and ahead at the verdict sentence: in Dallas if a black man went to the apartment went to the apartment of a white female cop and gunned her down only to say, “Ooops my bad I thought it was my apartment.” how many centuries would he get?

They haven’t publicized what they may know about any connection between the cop and victim (also relates to one alleged witness who said she pounded on the door and called out “let me in”). This is critical to remember in any criminal case, the prosecution will generally not reveal much about their knowledge and strategy until the trial. None of us has much to go on yet.

He might have been baked, she almost certainly was pickled. It is significant to me that she is being charged with murder even though she was (I believe there is evidence for this) drunk at the time of the shooting. So, assuming that the prosecution is not being too influenced by public opinion, this murder charge strongly suggests that there is, in fact, evidence of some connection that would give her motive to commit murder, making it drunkenly purposeful instead of drunkenly accidental. But I emphasize that this is, as yet, only speculation.

Intoxicated possession of a firearm is an offense all by itself, at least for individuals licensed to carry in Texas.

Is it just me or did you change your mind in fifteen minutes?

No, I do question the story as reported. It would be a very bizarre sequence of events. I guess anything is possible.

My second post was taking the story at face value. If it’s true, then this was a tragic & senseless tragedy. She should go to prison for manslaughter.

But, we won’t know until trial. I completely agree there may be some surprising testimony that changes everything.

I’m looking at both sides objectively until the trial.