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Lee-Lee

(6,324 posts)

57. Manslaughter is where it will stay, Murder under Texas law would be a stretch

Reply to struggle4progress (Original post)

Tue Sep 11, 2018, 05:45 AM

Sep 2018

Unless there are things we don’t know.

Looking at the Texas law it appears that a conviction of murder requires prior intent, that she went there with intent to harm someone.

Manslaughter is the appropriate charge under Texas law. She was reckless in her conduct and as a result caused the death of another, but did not go there to intentionally cause harm.

If they try for murder there is a strong chance it will be too much and they won’t get a jury to convict, as it will require convincing them that her intent was to harm another. If they try for manslaughter than they have a near certain conviction.

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Officer could face stiffer charge for killing unarmed neighbor [View all] struggle4progress Sep 2018 OP

Officer who killed neighbor in wrong apartment said he ignored her commands struggle4progress Sep 2018 #1

She probably did not identify herself as a police officer (uniform does not count in the dark). Plus Bernardo de La Paz Sep 2018 #11

The 2nd tweet here has that report.. Cha Sep 2018 #19

I know! Who would do that???? pnwmom Sep 2018 #22

This and every other clue keeps me thinking Cha Sep 2018 #26

That's what I think too. Some kind of substance was involved. n/t pnwmom Sep 2018 #35

they said they ran "tests" for substances. dixiegrrrrl Sep 2018 #73

+1, " "yelling to "open door!" when you think it's your apt? " The witness's are going to sink her uponit7771 Sep 2018 #59

If she couldn't see him how could she know he was ignoring her commands? pnwmom Sep 2018 #21

Good question. joshcryer Sep 2018 #50

Prob dark but light enough to see another person moving. Bernardo de La Paz Sep 2018 #60

In other words, she's lying. In a whole bunch of different ways. pnwmom Sep 2018 #69

Seems that way. Hard to square it any other way. . . . nt Bernardo de La Paz Sep 2018 #72

My thought as well. She wants it both ways. yardwork Sep 2018 #68

Prosecutor says murder charge possible struggle4progress Sep 2018 #2

Should have already been charged with Murder Thrill Sep 2018 #17

At this point there isn't evidence that this was premeditated mythology Sep 2018 #61

Thank you for this update, struggle. It's Cha Sep 2018 #20

So how come her key worked in the guy's front door? FakeNoose Sep 2018 #3

He may have left it unlocked. PSPS Sep 2018 #4

Why did she yell at him to open the door if it was open? pnwmom Sep 2018 #23

Because she didn't know yet that she was later going to tell police the door was open struggle4progress Sep 2018 #66

This message was self-deleted by its author madaboutharry Sep 2018 #5

Yes and I bet they will go exboyfil Sep 2018 #40

According to the article brer cat Sep 2018 #6

She said it was exboyfil Sep 2018 #41

Well, we know who is NOT lying cyndensco Sep 2018 #7

The arrest affidavit states that the door was unlocked and slightly open. yardwork Sep 2018 #9

Then why would she order him to open the door? pnwmom Sep 2018 #24

Good question. Her story raises other questions as well. yardwork Sep 2018 #45

The door was "open" is a damned lie. joshcryer Sep 2018 #39

Let me tell you how I was in the wrong resort room riverbendviewgal Sep 2018 #8

It does seem like your hotel key shouldn't Cha Sep 2018 #28

Happened to me once. My husband checked in before I arrived. Luz Sep 2018 #71

Somewhere I heard ... left-of-center2012 Sep 2018 #10

According to CNN, Botham Jean lived on the fourth floor, and Amber Guyger lived directly beneath him John1956PA Sep 2018 #13

So she wasn't even on the right floor? Unreal Thrill Sep 2018 #16

If they do not punish her to the max they are guilty Old Terp Sep 2018 #12

Sadly, I bet she walks... regnaD kciN Sep 2018 #14

Intent may be an issue for a murder charge. But manslaughter seems obvious unblock Sep 2018 #29

The thing that stands out to me Horse with no Name Sep 2018 #15

Another thing I noticed kcr Sep 2018 #18

I am very interested to hear the results of her alcohol and drug test. yardwork Sep 2018 #46

If she thought the door to her own apartment was ajar, and someone was in there, pnwmom Sep 2018 #25

Yeah, she's 100% lying about how it went down, too. joshcryer Sep 2018 #33

And, then there's the reports from witnesses that Cha Sep 2018 #34

Her stories make no sense. None of them. nt pnwmom Sep 2018 #36

murder, pure and simple heaven05 Sep 2018 #27

I thought manslaughter exboyfil Sep 2018 #42

still researching TR's heaven05 Sep 2018 #58

Just doesn't make sense thbobby Sep 2018 #30

Very possible onlyadream Sep 2018 #65

it will come down to whether they can get a Racist Jury JI7 Sep 2018 #31

If this was in Dallas city proper they're most likely NOT going to get a racist jury. They would uponit7771 Sep 2018 #63

This story enrages me True Dough Sep 2018 #32

I have never seen an afidavit that used the criminals side of the story... joshcryer Sep 2018 #37

Reads like a defense brief exboyfil Sep 2018 #43

She will almost certainly get off. joshcryer Sep 2018 #44

The prosecutor(DA Faith Johnson) is standing up for Bo Jean and his Cha Sep 2018 #48

Not so fast, a stronger charge could wind up with her walking. joshcryer Sep 2018 #51

That's right! omg. I just found these articles.. Cha Sep 2018 #52

Yep, the affidavit is *very* self-serving. joshcryer Sep 2018 #55

Maybe as a negotiating tool to use exboyfil Sep 2018 #53

Right.. Josh Cryer just Cha Sep 2018 #54

My money is still her being high as hell on something. phleshdef Sep 2018 #38

This is an upscale apt complex DeminPennswoods Sep 2018 #47

Right.. there should most definitely be. Cha Sep 2018 #49

If the door was locked and she pounded on it and demanded to be let in, betsuni Sep 2018 #56

I've heard about the banging on door witness's also. uponit7771 Sep 2018 #62

From the earlist stories witnesses heard "police talk" csziggy Sep 2018 #67

Manslaughter is where it will stay, Murder under Texas law would be a stretch Lee-Lee Sep 2018 #57

+1, would she get a lighter sentence if she plead out for reckless manslaughter and just admitted uponit7771 Sep 2018 #64

That's all on what the DA decides Lee-Lee Sep 2018 #70