Accidental breaking and entering and manslaughter

[Billybob]

I personally couldn't care less if he had pot in his home or not, it seems totally irrelevant regarding the shooting.
I do think her tox report is very important, I'm guessing it will include booze if present but will it include any legal substances like pain killers or psych drugs and if so would that be made public?

 

[Dave70968]

The misdemeanor was trespassing.

The fight that ensued was not trespassing. Whatever happened after the misdemeanor (trespass) is another crime entirely.

Look at it this way. I know a woman, whose car high-centered crossing a railroad track. It got stuck on the track, and hit by a train.
The insurance company charged her two deductibles. There were two incidents; the high center, and the impact.

The same here. The trespass is a misdemeanor, whatever happened after that was probably not. So, the killing did not happen during the commission of a misdemeanor, it happened after.

Killing someone in a fistfight is manslaughter - the fight was a misdemeanor, and the killing happened during the misdemeanor.

Killing someone after the commission of a misdemeanor, not during, is another matter entirely.

The trouble is that the (supposedly) negligent trespass created a scenario in which the fight--even the shooting--appeared to be justified. Had she been correct in thinking she was in her own apartment, and the decedent was a home invader, castle doctrine would have applied. It's messy, but--as presented--she didn't go looking for a fight, the fight found her. It was her negligence, not her malice that created the situation, thus manslaughter.

As always, if facts change, I'll change my assessment accordingly.

The marijuana in his apartment is probably not relevant. If the situation is as described, she couldn't have known about it, so it couldn't have been any part of forming a basis for her feeling threatened. The only way I see it becoming relevant is if she did know in advance, and was trying to make a bust on her own, well, that would take us into the "deliberate entry" category, which would change things entirely.

As to what she may have been on: if the tox screen gets deliberately released, I imagine it'll be low-key--I just can't see any upside for the department. Either they admit she was carrying while drunk, or they admit that they let her work so long she was loopy...no good for the department. As to any prescription meds, same answer, especially psych meds. It may come out at her trial, but I doubt we'll hear anything official before then.

 

[trickydick]

Its sad how they have no problem releasing evidence the smears the victim in this but the officers tox screen is somehow kept secret.

 

[Dale00]

Feet need to be held to the fire - especially those of the organization doing the investigation/coverup/public relations campaign.

 

[C_Hallbert]

Its sad how they have no problem releasing evidence the smears the victim in this but the officers tox screen is somehow kept secret.

You made an excellent point. The intent is obviously to sway public opinion against the victim and to reduce community curiosity and concern. I am surprised that they did not also conveniently discover child porn on his computer.....


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[okierider]

Yeah, the tox screen is taking weeks to release. The fact that the victim had pot in his apartment took a couple of days. What's up with that?

What pisses me off about the pot report is it has absolutely no bearing on the investigation!! Man got shot in his own home and this is an attempt to show"he is not a saint". Find me one human with nothing to hide and we can all enjoy looking at the baby picture!!!

 

[Dale00]

“When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law.”
― Frédéric Bastiat, The Law

 

[C_Hallbert]

When the Law in a county of free men serves the government and itself above the citizens under whose authority and consent it is intended to protect and serve, it is no longer Law; but instead it is become the force of arms of a growing tyranny. Author....me.


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[Dave70968]

You made an excellent point. The intent is obviously to sway public opinion against the victim and to reduce community curiosity and concern.

Just like every perp walk ever. You'd be amazed--nay, disturbed--to know how often those boxes they carry out are empty, just props for the camera.

“When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law.”
― Frédéric Bastiat, The Law

Very few things will make you lose respect for the law faster than watching the news while going to law school. The ideal and the reality, an hour and a half apart.

 

[C_Hallbert]

Just like every perp walk ever. You'd be amazed--nay, disturbed--to know how often those boxes they carry out are empty, just props for the camera.

Very few things will make you lose respect for the law faster than watching the news while going to law school. The ideal and the reality, an hour and a half apart.

I figure those boxes are empty because they were used to carry evidence in to the crime scene......

(*This remark is entirely facetious.)


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