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Posts posted by TXSooner518
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5 minutes ago, hopkinsnhorns said:
Defense experts will put to bed any idea that she was supposed to use the knife or mace to subdue the perceived burglar. Taser or pistol were her only offensive weapons viable to her at the time, and my guess is the defense would argue that access to her taser was limited by the bundle of shit she was carrying in her left arm. Fact of the matter is, she could have easily called for help on 911 and posted up outside the door. If there was a burglar, there was no one in danger in her apartment as it was previously unoccupied, and the burglar has only one means of egress and that's through that apartment door, unless he's going to rapel off the 3rd/4th floor balcony like Batman.
The argument against mace was can't use in the apartment - she chose to enter the apartment.
If your taser is unavailable b/c of bundle of shit, that argument works if your first inclination of intruder is seeing him. Works less good if you noticed the cracked door and heard noises. Hmm, here's an idea, PUT YOUR SHIT DOWN before entering the occupied apartment.
Definitely, calling 911 or police radio is the clear option, with the available option of announcing her police presence if desired.
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Just now, TwiceHorn said:
It definitely gives her a clearer chance to avoid the deadly confrontation than other scenarios.
Especially, again, given she wasn't a random CHL holder carrying, but that she also had mace, knife, taser, and the biggest one, police radio. Also neighbors in close proximity. Isn't like seeing your front door cracked in your house where the nearest other person is maybe 50 yards away or something, and couldn't hear yelling.
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I wonder what plea options were available.
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They are going balls deep, no kid gloves.
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Just now, hopkinsnhorns said:
But that is countered by the physical evidence and testimony of the Chemistry teacher/football coach who returned after her. He entered the parking garage minutes after her, but had time to park and gather his things before she came hauling ass around the corner and backed into her spot. Why would she lie about that? There's something there that we don't know about, and it must be damning for her to lie about it.
Especially weird since she was sitting there when that testimony occurred, not like she was excluded under The Rule.
Question for 4th and 5 and the other lawdogs - any chance they could look for a "sudden passion" reduction to 2nd degree? Looking at the plain language, it says it only applies if there was provocation from victim or someone with victim. Can that include "perceived" provocation?
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Just now, hookem17 said:
Being alone with a man you just shot is the scariest thing you can imagine? What about eating some ice cream at home when someone walks in and immediately shoots you.
goddammit my pony too slow
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She just testified that being alone with the guy she shot is the most terrifying thing you can imagine. Um, I can imagine it's less terrifying than someone coming in your front door screaming and shooting while you are sitting on your couch eating some ice cream and watching football.
Defense is now violating the motion in limine, courts love that!!
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She "did compressions" with one hand because she was on the phone? Your phone doesn't have speaker option??
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8 minutes ago, mdmost said:
I wonder how much they would've been if we had beaten LSU? The days of paying face through UT's ticket office seem over. We had a nice run of 3-4 years when that was the case. I will say, we're getting better tickets than previous years at least. We've been in the upper level endzones since 2008. This is at least goalline.
Yeah if I was just dropped into this market with no knowledge of the Texas-LSU game I would definitely bet mid-4 figures that Texas had won the game, just based on the prices.
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If you were an intruder in someone's apartment, and someone comes in are you going to start yelling?
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Agree that she seems much more rehearsed here, and I don't think it helps her AT ALL to say she noticed the cracked door and heard someone. Uh, use your fucking training if you have a chance to act.
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Let's get this goddamn show on the road, before I actually have to get some work done.
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12 minutes ago, mdmost said:
Since this seems to be a good going market rate for tickets. We bought 4 in Section 125 for $345 each. I don't think we've paid that much since 2008. Face is $150 now. It was $140 last year.
Yeah market is filthy, and doesn't really seem to be cooling any. Will be interesting to see what it will be like come game time. Got 3 in 131 for $300 ea and was very happy with that.
2008 was comparable as a multiple of face value, but nowhere close on actual dollar cost. In every year past, I rolled my eyes and scrolled right past any $300+ listing, and now the market has me conditioned to "goddamn $300! Lock em up!!"
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5 minutes ago, hullabelew said:
He had her stand up and act like she was carrying her equipment into the apartment. She blubbered something and they called a break.
She started crying before that though, there was an objection to a question, before that she seemed fine, after the objection discussion which wasn't picked up on audio, she was in tears, then it went full on blubbering when she had to stand up and put on the equipment.
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Just now, 4th and 5 said:
why'd she start crying? I'm trying to read police reports and talk shit to the sooner and listen to sidebar conferences and I lost my place
It seemed really kind of out of nowhere, but did seem pretty genuine IMO. I dunno if the reality of getting right to the moment of truth came all of a sudden or what. It sounded like the prosecution objected to her putting on the equipment, and she was crying saying just let me do it, but I couldn't hear that part well.
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2 minutes ago, 4th and 5 said:
do you not have a woman in your life?
Objection - we are working on a reasonable person standard, not a reasonable woman standard.
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"I was so lucky to not have to carry my equipment far b/c I got a close parking spot. Of course, rather than taking literally 1 second to verify what floor I was on, I decided to carry all that heavy equipment past 16 doors to get to mine, despite the fact that this is the most confusing apartment complex in history, and no one can tell by looking what floor they are on."
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1 minute ago, TwiceHorn said:
Sex cop was married. One might think the defense might have brought that out with him so as not to let it all fall on her.
yeah, nooo shit, wtf
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2 minutes ago, TwiceHorn said:
And, the part where "cute sweet girl" was just gonna be flat hard to pull off.
Ehh, come on. She's clearly not smoking hot, but a young petite blonde girl could definitely be made "cute" especially with a large budget. I know it's Surly where we all smash 10s, but they could definitely have gone that way if they wanted to.
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Hmm so she worked "more than 40 hours" while also going to school, but was never so fatigued from that schedule that she wandered into the wrong apartment and immediately ventilated someone?
And yeah, I guess there were two possible strategies for them in her physical presentation, either "hey look at the cute sweet white girl don't ruin her life" or "look how devastated she has been over this awful unavoidable accident" and they went door #2.
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If all your doors are locked, it would take a really bad fact to rebut the presumption that you could use deadly force, because you would have reason to believe they entered unlawfully with force.
An example of really bad fact would be you can identify the person and it’s your daughter’s boyfriend and there’s a history of her letting him in.- 1
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10 minutes ago, Gene Parmesan said:
I'm not sure. I think it was a couple hours after the incident. Maybe enough time for alcohol to cycle out. Not exactly sure how long it would take to go from intoxicated to zero BAC for someone her size. The state isn't taking that angle anyways, so it doesn't really matter.
Timeline really doesn't work for her to be drinking unless she was theoretically Lehmberging it up with an open bottle of Ciroc in the car. Barely time for it to kick in. Obliviousness, stupidity, distraction, and then an absurd hairtrigger reaction, but no booze or drugs seem possible.
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6 minutes ago, Gene Parmesan said:
How do the laws work in situations where you are correctly in your own home and kill a spouse who came home early from a business trip, or some other scenario where there is enough reasonableness to be in fear, but you are ultimately killing a non intruder?
You can only use deadly force if you have fear of imminent serious bodily injury or death. You are presumed to have a reasonable fear of those if you know or have reason to believe that the person unlawfully entered your house with force (in other words, not through an open door).
It would be a fact question as to whether the person had a reasonable fear of those/reason to believe they unlawfully entered with force.
Dallas officer kills man after mistaking apartment for her own, police say
in Daily Texan
Posted
Yeah, I think they were trying to show why she had fear, but totally agree that it would be MUCH more effective to show sudden startling movement.
Not sure if clear, I meant did the state offer her any plea bargain deals that she declined.
Yeppppppp, those police protocols will be very relevant.