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The Water Cooler
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Accidental breaking and entering and manslaughter
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<blockquote data-quote="Dave70968" data-source="post: 3156854" data-attributes="member: 13624"><p>The trouble is that the (supposedly) negligent trespass created a scenario in which the fight--even the shooting--<em>appeared</em> 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 <em>negligence</em>, not her <em>malice</em> that created the situation, thus manslaughter.</p><p></p><p>As always, if facts change, I'll change my assessment accordingly.</p><p></p><p>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 <em>did</em> 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.</p><p></p><p>As to what <em>she</em> 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, <em>especially</em> psych meds. It may come out at her trial, but I doubt we'll hear anything official before then.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3156854, member: 13624"] The trouble is that the (supposedly) negligent trespass created a scenario in which the fight--even the shooting--[I]appeared[/I] 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 [I]negligence[/I], not her [I]malice[/I] 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 [I]did[/I] 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 [I]she[/I] 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, [I]especially[/I] psych meds. It may come out at her trial, but I doubt we'll hear anything official before then. [/QUOTE]
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