Cop Enters Wrong Apartment, kills Neighbor - No Charges


#266

The shooting was an intentional act.


#267

Relax. I’m not calling racism.


#268

I wasn’t responding directly to you. Imrightyourewrong started the OP with race in there.


#269

What was her mindset as she entered the apartment? What was her mindset when she drew and fired?

She did not go there with the intent to do harm to anyone, she thought she was entering her own home and was confronted in the dark by an intruder.

This is assuming the facts as reported are true of course.


#270

Try this one on for size Jo.


#271

I don’t think a prosecutor has to prove intent in order to get a conviction for manslaughter. Only murder requires intent.

Plus, it’s really no defense to claim she shot what she thought was an intruder in her own home, because she was in the victims home.


#272

Would a reasonable person mistake someone else’s apartment in the first place?

Go to the wrong floor? Sure that can happen.

Go to the wrong door? That’s possible, although one would think the person might notice things on other apartment doors (such as a wreath) that aren’t present on your floor. Apparently she had to pass several doors in order to get to the victims.

Then there is a problem of a big red mat he had outside his door. She still didn’t notice anything was amiss?

Then according to her original testimony, she tried to enter with the key and the it didn’t work. That still didn’t give her a clue that maybe she was at the wrong door?

So no, I don’t think a reasonable person would react the same way.


#273

According to what’s been reported when she pushed her key in, the door was ajar and opened making her think she was entering her own apartment.

The two supposed witnesses gave completely contradictory accounts to the PD and GJ so neither has any credibility.

The whole thing stinks but unless it can be shown she had some sort of personal grudge against the guy and went there intent on killing him, at most she’s gong to end up convicted of manslaughter or criminally negligent homicide.

Unless they had a prior relationship, or it can be shown she was out of her head drunk or UTI, the only plausible theory is that it was indeed a horrible mistake.


#274

Two different versions of the story have been told. The first was that her key wouldn’t work and he opened the door.

The second was the door was a bit ajar and she saw a shillouette in a dark room. What would he be doing in a dark room, unless he heard something at the door and got out of bed to see what was going on?

Sorry but her story makes no sense. And making contradictory statements doesn’t help.

The DA says the charges may be raised to murder, depending on what the grand jury recommends. They of course will be given all the evidence, there would be things we dont know.


#275

I’ve seen no contradictory statements from her, only by the supposed witnesses.

Unless they can establish a prior relationship between the two the only plausible explanation is that indeed it was a mistake on her part.

Without establishing such a relationship between the two I see no way for a murder charge to be filed much less made to stick.

Keep in mind, that while I’m still waiting to see all the evidence I’ve never been wrong about the outcome of a shooting we’ve discussed. This is my area of expertise.


#276

Even giving her the benefit of the doubt that she honestly thought it was her own apartment, why did she shoot so fast?

She claims he didn’t obey her commands, but did he not say anything? Like “what are you doing in my apartment” or whatever?

And of course since she was the actual intruder, he was under no obligation to listen to her commands. He had the right to defend himself.

And why wait until after she shot him before turning on the lights? Even in a darkened room, was there not enough light in the hallway to give her a clue that she was in unfamiliar surroundings?


#277

What is the appropriate length of time to wait before shooting?

She thought she was in her own home facing an intruder in the dark.

Taking your eyes off of such an intruder long enough to find a light switch and turn it on is more than enough time to get yourself killed.

Turning the lights on to make yourself a better target to an intruder is a great way to get yourself killed.

It’s a bad deal and never should have happened but there’s zero evidence of any criminal intent on her part.


#278

So she didn’t notice she was on the wrong floor, didn’t notice any neighbor’s doors that looked different from those on her floor, didn’t notice the red carpet outside his apartment, and claims the room was so dark she couldn’t see anything except the outline of a figure, who apparently didn’t even say “what are you doing here?” or whatever.

Sorry none of this makes sense And I’m normally one who gives police the benefit of the doubt.


#279

You’re making a whole lot of assumptions as to the interactions between them before the shot.

Unless they have prior history the only thing that makes any sense here is that she made a mistake and entered the wrong apartment inadvertently.

It’s not like she has a history of hunting down people in her building and shooting them.


#280

Her own statement was that he refused to obey her commands. It’s a really, really big stretch to imagine he didn’t ask her what she was doing in his own apartment. Of course, it would be damning for her to admit he said something like that, and since he’s deceased he can’t give his side of the story.


#281

Being a cop she probably gave him no opportunity to have any sort of conversation.

Under stress people tend to get very loud and shout down whomever they are confronting anyhow.

Put yourself in her shoes. You walk into a dark house and are confronted by a man in the dark when you expect no one to be in your home at all.

Are you going to be having a calm, deliberate conversation with them? If you do, you’ll probably end up dead, raped, beaten etc.

You’re under no obligation whatsoever to talk it out before firing IF you have a lawful use of deadly force and most people wouldn’t be capable of doing so even if such a requirement existed.


#282

Also, he’s dead and his mindset and actions are irrelevant. The only thing that matters now is her mindset leading up to and during the confrontation and her firing.

She’s the one on trial here, we know he was innocent of any crime.


#283

Well she didn’t have lawful use of her firearm did she, considering she was the intruder, not the man she killed.

Put yourself in his shoes. He was in his own home, when suddenly he was confronted by a stranger entering his apartment. The normal reaction would be to yell 'who are you" or “what are you doing here” or whatever.

Yes everyone has a right to defend themselves and use deadly force if necessary, but according to her account didn’t obey her commands and said nothing. And apparently was sitting in a darkened room. No TV on, no light on anywhere.

Hard to believe she isn’t lying about something.


#284

His mindset doesn’t matter, he’s dead and she’s the one facing trial.

The difference between Murder, Manslaughter, and Criminally Negligent Homicide is her mindset.

To fairly evaluate a shooting the first thing you have to do is put your emotions in a box and leave them there until you are done.

Did they have prior history? If not there’s no reason to believe this is anything but a tragic accident on her part that resulted in his death.


#285

Cop or not. KARMA OF HELLFIRE AWAITS THEE.