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Sprout
Reasonable belief. It's a key term.
Fri Sep 7, 2018 10:52am
192.86.118.84

If one reads use of force statutes in Texas, it uses that term repeatedly.

What it means that given the situation as a reasonable person would believe it to be, is the use of force proposed reasonable and necessary to stop the threat.

I think the challenge in this case is that IN THEORY, both parties could reasonably be in fear for their life.

IF you walked into your home and found some random stranger in your home, you would doubles be in fear, and depending on the details of that interaction might very well be justified in applying force and/or deadly force to protect yourself.

HOWEVER

IF you were in your home and some random stranger walked in, you would doubtless be in fear, and depending on the details of that interaction might very well be justified in applying force and/or deadly force to protect yourself.

Now, to me there are a lot of details I would want to know.

1. I want a tox-screen and a blood alcohol level test done on that officer (probably too late for blood alcohol) to determine if the decision to enter the wrong apartment was based in some form of impairment.

2. I want to look at the layout and arrangement of the apartments to see if that could have played a role in mistaking another apartment as ones own.

Given the fact she was off duty and entered another persons home unlawfully (even if it was a mistake), she has little to no LEGAL defense for her shooting because in the act of committing trespass with a firearm (her act) it actually REMOVES her legal right to self defense.

Now, there are a LOT of facts we do not yet have. But if I had to go based SOLELY on the data we have right now, she should be charged with 2nd degree murder.

  • Shoot first, ask questions later:Ken C, Fri Sep 7 10:07am
    If you found an intruder in your home, would you yell any kind of warning before shooting the person? What if you shot and killed the suspected intruder, then realized you were in the wrong house and ... more
    • Re: Shoot first, ask questions later:Ennui, Fri Sep 7 2:10pm
      SES: "I can't imagine ever being so tired or out of sorts (short of being intoxicated) to the point that I wouldn't realized that I had walked into the wrong apartment." And that was my first thought ... more
    • I used to live in a third floor apartment. If I had returned home at 10 PM, and found someone in my apartment, my first reaction would be to ask "Who the hell are you?" His/her reaction would dictate ... more
    • Reasonable belief. It's a key term. — Sprout, Fri Sep 7 10:52am
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