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Dec 30th, 2023
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 Re: Guyger Trial
[Re: nitroslim]
#13292245
09/25/19 01:20 AM
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Joined: Nov 2012
Posts: 11,570
txmasterpo
TFF Guru
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TFF Guru
Joined: Nov 2012
Posts: 11,570 |
She believed it was her home until after the shooting
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Re: Guyger Trial
[Re: txmasterpo]
#13292308
09/25/19 02:11 AM
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Joined: Mar 2014
Posts: 29,844
Duck_Hunter
TFF Guru
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TFF Guru
Joined: Mar 2014
Posts: 29,844 |
She believed it was her home until after the shooting I agree. But the question is, since she wasn’t in her home, does it matter that she believed it was her home? In other words, does current Texas law allowing for lethal force and no duty to retreat apply to someone who *thought* they were in their home, but they weren’t in their home?
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Re: Guyger Trial
[Re: Duck_Hunter]
#13292314
09/25/19 02:15 AM
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Joined: Sep 2005
Posts: 27,569
Uncle Zeek
aka "Dad"
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aka "Dad"
Joined: Sep 2005
Posts: 27,569 |
She believed it was her home until after the shooting I agree. But the question is, since she wasn’t in her home, does it matter that she believed it was her home? In other words, does current Texas law allowing for lethal force and no duty to retreat apply to someone who *thought* they were in their home, but they weren’t in their home? ^^ look up the defense I mentioned a few posts ago. I think it would apply here.
"Decency is not news; it is buried in the obituaries --but it is a force stronger than crime" ~ Robert A. Heinlein
Artim Law Firm, PLLC
Estate planning & tax attorney
2250 Morriss Road, Suite 205, Flower Mound, Texas 75028
972-746-0758 mobile
zac@artimlegal.com
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Re: Guyger Trial
[Re: nitroslim]
#13292325
09/25/19 02:23 AM
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Joined: Jan 2012
Posts: 2,635
Jim Ford
Extreme Angler
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Extreme Angler
Joined: Jan 2012
Posts: 2,635 |
Everybody here is assuming they know what happened based on media reports. Bad call. Some of the truth will come out in court. Some of the truth will be suppressed in court. Most of us will never know the real story.......
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Re: Guyger Trial
[Re: nitroslim]
#13292336
09/25/19 02:36 AM
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Joined: Jun 2012
Posts: 12,209
sdavis24
TFF Guru
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TFF Guru
Joined: Jun 2012
Posts: 12,209 |
I know I'm naive, but those of you talking about not knowing the whole truth, what is being floated out there? This seems like the circumstances are relatively cut and dry...
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Re: Guyger Trial
[Re: Jim Ford]
#13292343
09/25/19 02:44 AM
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Joined: Mar 2014
Posts: 29,844
Duck_Hunter
TFF Guru
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TFF Guru
Joined: Mar 2014
Posts: 29,844 |
Everybody here is assuming they know what happened based on media reports. Bad call. Some of the truth will come out in court. Some of the truth will be suppressed in court. Most of us will never know the real story....... I’m going off her arrest affidavits which contain her version of the story, as well as what is being presented in court, including the body cam footage worn by the responding officers. What she said has been documented many times.
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Re: Guyger Trial
[Re: sdavis24]
#13292346
09/25/19 02:47 AM
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Joined: Feb 2018
Posts: 15,249
Sawhorse
TFF Guru
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TFF Guru
Joined: Feb 2018
Posts: 15,249 |
I know I'm naive, but those of you talking about not knowing the whole truth, what is being floated out there? This seems like the circumstances are relatively cut and dry... I agree. She mistakenly went to the wrong apartment, shot the guy and he ended up losing his life.
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Re: Guyger Trial
[Re: Chris B]
#13292347
09/25/19 02:47 AM
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Joined: Mar 2011
Posts: 14,800
Westside.
TFF Guru
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TFF Guru
Joined: Mar 2011
Posts: 14,800 |
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Re: Guyger Trial
[Re: nitroslim]
#13292361
09/25/19 03:04 AM
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Joined: May 2004
Posts: 13,654
Tiltman
TFF Guru
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TFF Guru
Joined: May 2004
Posts: 13,654 |
So much confidence in the OT court
It’s really very simple
Criminally Negligent Homicide ...Not Murder , not premeditated, she didn’t know the guy , she made a stupid horrific mistake and should be punished for it.
But it’s not Murder
And soggy I’ll take a hundo on your guarantee if you want to make a bet.
A lastly.......no I wouldn’t (she’s a two bagger)
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Re: Guyger Trial
[Re: Uncle Zeek]
#13292371
09/25/19 03:14 AM
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Joined: Mar 2014
Posts: 29,844
Duck_Hunter
TFF Guru
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TFF Guru
Joined: Mar 2014
Posts: 29,844 |
She believed it was her home until after the shooting I agree. But the question is, since she wasn’t in her home, does it matter that she believed it was her home? In other words, does current Texas law allowing for lethal force and no duty to retreat apply to someone who *thought* they were in their home, but they weren’t in their home? ^^ look up the defense I mentioned a few posts ago. I think it would apply here. To clarify, I was responding to an earlier post of his that mentioned castle doctrine. I looked up imperfect self defense. I’d never heard of it. On the THF, one LEO keeps mentioning mistake of fact. Here is what I found on imperfect self defense: In the states that recognize it, imperfect self-defense typically applies where a defendant kills someone pursuant to an actual, but unreasonable belief that:
there was an imminent threat of death or great bodily injury, or
deadly force was necessary to stop a threat. It still doesn’t answer my question: does she have a right to self defense because she thought she was in her apartment, but she was in someone else’s apartment? Did he have a right to self defense? She illegally entered his home and shot him. How can she claim self defense under what she claims happened? We also don’t know if deadly force was necessary to stop a threat, because he died in front of his couch and would’ve had to walk around an ironing board and counter to get to the door where she was, and he was unarmed (except for a bowl of ice cream). She says she commanded him and he didn’t comply, but how do we know? And he was unarmed, she had no right to be there or issue commands or shoot him. I’m not convinced she will be convicted, even of manslaughter, but I just don’t think it’s ok that anyone, let alone a trained officer, can mistakenly enter the wrong apartment and shoot the legal inhabitant.
![[Linked Image]](http://i.imgur.com/AvUPi.gif)
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Re: Guyger Trial
[Re: Tiltman]
#13292375
09/25/19 03:16 AM
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Joined: Mar 2014
Posts: 29,844
Duck_Hunter
TFF Guru
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TFF Guru
Joined: Mar 2014
Posts: 29,844 |
So much confidence in the OT court
It’s really very simple
Criminally Negligent Homicide ...Not Murder , not premeditated, she didn’t know the guy , she made a stupid horrific mistake and should be punished for it.
But it’s not Murder
And soggy I’ll take a hundo on your guarantee if you want to make a bet.
A lastly.......no I wouldn’t (she’s a two bagger) I don’t think it was murder either, and I find it odd the grand jury upped the charge to murder from manslaughter, which is what the DA charged her with originally. At the end of the day, she didn’t premeditate it, but she did admit to entering the wrong apartment by mistake and shooting an unarmed man eating ice cream on his couch. The judge should allow the jury to consider lesser charges.
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Re: Guyger Trial
[Re: txmasterpo]
#13292393
09/25/19 03:38 AM
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Joined: May 2002
Posts: 5,040
leethefishking
TFF Celebrity
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TFF Celebrity
Joined: May 2002
Posts: 5,040 |
the so called dirty pictures/conversations were between her and her boyfriend had nothing to do with her shooting the guy.....you won't ever read this or hear it said but the real reason for what happened would be considered too racist to be allowed as testimony......it's unfortunate but the real cause of this unfortunate and tragic shooting is complex and has several; different causes....
first off a police officer is exposed to traumatic occurrences far more than the average person which tend to make them nervous or apphrehensive... ..add the fact she is a woman who by physical nature cannot defend herself as well as a man.....additionally it is likely that 90% or more of the criminals she encounters in her job are black.....while it wasn't justifiable, it is understandable why she reacted as she did when she encountered a black man in what she thought was an intruder in her apartment..... Her “boyfriend” is on the police force, and is also her partner, and she was on the phone and texting him about a booty call three minutes before she went to the wrong apartment. That’s worse than the claim “I was too exhausted from working overtime and I went to the wrong floor of my building.” In fact, it makes the exhaustion claim bunk, because if she was so exhausted that she parked on the wrong floor, didn’t notice a bright red doormat that she didn’t own, and didn’t notice that the apartment wasn’t furnished like her’s was, then why was she setting up a sex date with her partner? Everything will come out at trial, so what do you think the real reason this happened is? Everything except what she said in the back of the squad car, because the recording device was turned off when she started talking. She admitted (the only story we have is her version, based off her 911 call and what she said to responding officers and the Texas Rangers). She says she went to the wrong floor of her building by mistake, tried to unlock the door but it was already slightly ajar, she saw a man in what she thought was her apartment sitting on his couch, he got up, she fired two rounds, bitting him once. Then, she called 911, and started texting her partner that she needed help. She confessed. That’s it. If this is how it went down she is toast. We can’t as officers open fire on a burglar for the mere fact they are a burglar. Without issuing commands or furtive movement to a weapon in close proximity she went straight to lethal force. Doesn’t look too good for her if the above is true. Yeah, well you say that, but she wasn't acting under the power of her commission...she was just Suzy Q thinking someone was in her apartment...at night....so, the current Texas law allows lethal force and no duty to retreat I’m conflicted on this. It’s long settled case law that someone off duty and taking police action is considered on duty for purposes of workers comp or line of duty death benefit. There do have to be some qualifiers such as still in uniform, identifying yourself etc. Now that’s civil law but as a prosecutor I think you could make a strong case for her having the training and experience to handle a burglar. That coupled with the fact that she wasn’t in her home when she took action and castle doctrine should be easy to argue against. Then again there is a lot of grey area in this case. Any kind of conviction is far from a guarantee.
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Re: Guyger Trial
[Re: nitroslim]
#13292396
09/25/19 03:39 AM
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Joined: Feb 2018
Posts: 15,249
Sawhorse
TFF Guru
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TFF Guru
Joined: Feb 2018
Posts: 15,249 |
I’ve seen pieces of a bunch of trials posted to YouTube and I’ve seen countless folks testify from the witness stand. Her booty call dude (Martin Rivera) is among the best I’ve seen at it...of course I’m sure he’s had a lot of practice. He answers yes/no questions with a yes or a no. Answers to other types of questions are concise and bare minimum.
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Re: Guyger Trial
[Re: Sawhorse]
#13292435
09/25/19 04:25 AM
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Joined: Mar 2011
Posts: 14,800
Westside.
TFF Guru
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TFF Guru
Joined: Mar 2011
Posts: 14,800 |
I’ve seen pieces of a bunch of trials posted to YouTube and I’ve seen countless folks testify from the witness stand. Her booty call dude (Martin Rivera) is among the best I’ve seen at it...of course I’m sure he’s had a lot of practice. He answers yes/no questions with a yes or a no. Answers to other types of questions are concise and bare minimum. YouTube has served you well
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Re: Guyger Trial
[Re: Westside.]
#13292457
09/25/19 07:52 AM
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Joined: Feb 2018
Posts: 15,249
Sawhorse
TFF Guru
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TFF Guru
Joined: Feb 2018
Posts: 15,249 |
I’ve seen pieces of a bunch of trials posted to YouTube and I’ve seen countless folks testify from the witness stand. Her booty call dude (Martin Rivera) is among the best I’ve seen at it...of course I’m sure he’s had a lot of practice. He answers yes/no questions with a yes or a no. Answers to other types of questions are concise and bare minimum. YouTube has served you well Absolutely! If you need to prepare a witness for trial just PM me.
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