A uniformed officer in a place she had no right or authority to be. She was a home invader, uniformed or not.
I recall her story changing over time. This was probably due to her instinct to protect herself, but it makes her look bad and deceptive. Still, I could not convict her of murder as a juror unless a previous relationship or confrontation was proven to have occurred.
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I complete agree with this, mistaking someone else’s apartment for your own is no excuse. LEO or not .......
Honestly, a charge of 2nd degree murder seems more appropriate to me than manslaughter in this case.
I ask this question honestly, not to pick on you: do you believe in the felony murder rule? Under the Oklahoma definitions, felony murder 1 is defined as:
12 O.S. 701.7
...
B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.
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B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.
And felony murder 2 is defined as:
21 O.S. 701.8
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2. When perpetrated by a person engaged in the commission of any felony other than the unlawful acts set out in Section 1, subsection B, of this act.
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2. When perpetrated by a person engaged in the commission of any felony other than the unlawful acts set out in Section 1, subsection B, of this act.
Thus, any death occurring in the commission of any felony is automatically murder, either first degree or second depending upon the underlying felony.
So, if you say you couldn't convict without a "previous relationship or confrontation," do you reject the felony murder rule in its entirely?
(There's a decent argument to be made either way; I just want to know your thoughts.)
What felony did she commit, aside from the actual homicide, that would allow the invocation of the felony murder rule?
Breaking and entering?
When this first came out and we were all speculating I was the one to come up with the jealous ex with a key theory (see post #38). @Dave70968 replied with murder 1(see post #39). I'm thinking the grand jury knows something that hasn't been leaked to the press yet. Just my opinion.
I can't speak to Texas law, but in Oklahoma there are two different statutes regarding pointing of a weapon. If one "accidentally" points a weapon at someone, say in handling the weapon around even to verify it is empty, it would be a misdemeanor (Oklahoma statute 21-1279). If one "intentionally" points a weapon at someone, it can be a felony (Oklahoma statute 21-1289-16).
I agree with the Felony Murder Rule to the extent that any death directly caused in the commission of a serious crime, or indirectly due to physical processes set in motion by the actions of the perpetrator (motor vehicle accidents, fires falls, etc) should be charged as Murder (1).
However, I do not concur with our State’s Statute, or interpretation of said Statute, which charges collateral deaths caused by the Police response including gunfire, motor vehicle accidents, etc against the perpetrator. This element of the law discourages prudence and the exercise of due caution by those enforcing the law and literally offers Carte Blanche without consequences to those engaged in pursuit and arrest.
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