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re: Officer shoots homeowner after responding to a false alarm from alarm company (video)

Posted on 7/29/19 at 9:26 pm to
Posted by Ba Ba Boooey
Northshore
Member since May 2010
4707 posts
Posted on 7/29/19 at 9:26 pm to
shite like this is why I have cameras covering the entire exterior of my house so I can see who is in my driveway, front door, etc. Glad the man lived.
Posted by Knownothing
Member since Jul 2019
155 posts
Posted on 7/29/19 at 9:33 pm to
quote:

Ok...what is his training? And how did he violate it?


My friend I ain't quoting chapter and verse to you on the internet for a police training manual neither one of us are experts in.

If you are not interested in admitting this officer might have some legal problems from this situation, that he may or may not get out of, then take your hard line in the sand and have a good night.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 7/29/19 at 9:56 pm to
quote:

My friend I ain't quoting chapter and verse to you on the internet for a police training manual neither one of us are experts in.


I'm just trying to have a interesting discussion.

If you are going to say he did not follow his training then let's discuss how so and how it impacts him legally.



Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 7/29/19 at 10:02 pm to
quote:

you are not interested in admitting this officer might have some legal problems from this situation


Sure I'll admit that but there are also big hurdles to overcome to charge criminally.

Murder requires criminal intent

Criminal negligence requires knowingly acting reckless and unreasonable.
Posted by Knownothing
Member since Jul 2019
155 posts
Posted on 7/29/19 at 10:05 pm to
I don't know why you are responding to my one post twice.

Have a good night.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 7/29/19 at 10:06 pm to
quote:

I don't know why you are responding to my one post twice.



I responded to one part of your post and then decided to respond to the other part.
This post was edited on 7/29/19 at 10:11 pm
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 7/29/19 at 10:10 pm to
quote:

Have a good night.


Good night.


Lol
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
35765 posts
Posted on 7/29/19 at 10:14 pm to
quote:

Criminal negligence requires knowingly acting reckless and unreasonable.


No. It requires the reckless disregard for the safety of others. Nothing about "knowingly"

Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 7/29/19 at 10:18 pm to
quote:

No. It requires the reckless disregard for the safety of others. Nothing about "knowingly"


Recklessness implies the doing of a negligent act knowingly"; it is a "conscious failure to exercise due care." Yaun v. Baldridge, 243 S.C. 414, 419, 134 S.E.2d 248, 251 (1964)
This post was edited on 7/29/19 at 10:19 pm
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
35765 posts
Posted on 7/29/19 at 10:27 pm to
Thanks. Which I'd say is the case based on the video.


I also think it's a logical inference that the cop knowingly failed to exercise proper care due to the fact that he falsified the report to say that the homeowner opened the door and pulled a gun on the officer. He lied on the report because he knew what he did was wrong.
Posted by swift
Member since Jul 2019
632 posts
Posted on 7/29/19 at 10:35 pm to
Shot a homeowner through his own door and then lied about it on the police report.

And we’re arguing about whether he failed to exercise due care?
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 7/29/19 at 10:36 pm to
quote:

Thanks. Which I'd say is the case based on the video.



If you think he was intentionally acting reckless then you have a case of involuntary manslaughter.

But if you think he is just a dumbarse and fuked up...then it's not criminal negligence.

quote:

also think it's a logical inference that the cop knowingly failed to exercise proper care due to the fact that he falsified the report to say that the homeowner opened the door and pulled a gun on the officer. He lied on the report because he knew what he did was wrong.


Look at it separately...did he lie because his actions were intentional or did he lie because he realized in hindsight he screwed up?
Posted by Knownothing
Member since Jul 2019
155 posts
Posted on 7/29/19 at 10:38 pm to
quote:

Look at it separately...did he lie because his actions were intentional or did he lie because he realized in hindsight he screwed up?


Yes or no, this officer should face criminal charges from his actions that night, whether it is the lying or the actual shooting?
This post was edited on 7/29/19 at 10:39 pm
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 7/29/19 at 10:43 pm to
quote:


Yes or no, this officer should face criminal charges from his actions that night, whether it is the lying or the actual shooting?


I dont know.

It comes down to what you can prove. If you can show that he was intentionally acting reckless then yes.

If you only can show he made a mistake then no.

I am pretty sure it is not murder though. I dont know if he was intentionally acting reckless though.


If he did intentionally lie and falsified a report then yes he should be charged for that.
This post was edited on 7/29/19 at 10:44 pm
Posted by swift
Member since Jul 2019
632 posts
Posted on 7/29/19 at 10:44 pm to
quote:

I dont know. It comes down to what you can prove.
Well no shite.
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 7/29/19 at 10:45 pm to
quote:

it's not like it was obvious what was going on.


So the default answer is shoot someone?

Good lord I hope you never reproduce or own a firearm.
Posted by Knownothing
Member since Jul 2019
155 posts
Posted on 7/29/19 at 11:04 pm to
quote:

I dont know


Perfectly acceptable answer. Not sure why you needed to take a Hardline in the sand on this issue prior to this post.
Posted by Displaced
Member since Dec 2011
32738 posts
Posted on 7/30/19 at 8:03 am to
quote:

Ok...what is his training? And how did he violate it?

He shot through a door. He is lucky the old man was the only one standing there.

Imagine if the guys grandson ran up next to him to see what was going on...
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