Dallas officer kills man after mistaking apartment for her own, police say

['stache 21761]

Seems like I read earlier that they wanted Jean's iPhone and laptop to see if there was any evidence that he was expecting somebody and left the door ajar.

Possibly. But we all know they’ll go way beyond that if they can find anything to smear him. If there’s an email about a friend paying him a few bucks for the joint they shared, Fox News headline will be “Botham Laptop Indicates He Trafficked Drugs.” Cops have lost our trust, and it’s their own fault.

[Flaming Moderate 112]

9 hours ago, ChuckNorrisActionJeans said:

Fuck you.

Clever.

[Onboard 2.0 9083]

Weed broken up and stored in multiple plastic bags is gonna be viewed as dealing. If it was all in one bag it can be argued personal use which is definitely better  (not much use to him of course).

The whole things seems fucked up.

['stache 21761]

Or, it’s completely irrelevant because he’s the victim.

[hpslugga 4043]

16 minutes ago, Onboard 2.0 said:

Weed broken up and stored in multiple plastic bags is gonna be viewed as dealing. If it was all in one bag it can be argued personal use which is definitely better  (not much use to him of course).

The whole things seems fucked up.

It makes no material difference who the weed belonged to or if it was going to be sold to anyone.

[Cheeseweasel 26437]

5 minutes ago, 'stache said:

Or, it’s completely irrelevant because he’s the victim.

Let's leave that up to a "jury of his peers"

 

[Onboard 2.0 9083]

Just now, hpslugga said:

It makes no material difference who the weed belonged to or if it was going to be sold to anyone.

In this case no it doesn't, but that won't stop somebody from using it to paint this guy in a bad light.  You have seen Briskets posts on the topic haven't you ?  Did you not question his posts ?  

Didn't think so.... carry on.

[HenryJames 65887]

6 minutes ago, Cheeseweasel said:

Let's leave that up to a "jury of his peers"

 

x,1,2,3,x,x,x,4,x,x,x5

[hpslugga 4043]

13 hours ago, Brisketexan said:

I posited all of the possible angles of excuses and victim-blaming that I could think of.

I can comfortably conclude two things:

1) the defense will not present ALL of them as part of its theory.

2) the defense will definitely present at least ONE of them (probably more) as part of its theory.

 

To remind you, these are the facts/theories that could be deployed by the defense:

1) he was on drugs, and his erratic and dangerous behavior put her in fear for her life.

2) he was a drug dealer, and when he saw a cop, he panicked to protect his operation, and lunged at her.

3) he refused her lawful commands because he wanted to go over to the table and get rid of the evidence of his criminal behavior.

4) he refused her lawful commands because he was in a drug-fueled state of rage/threat.

5) upon opening the door, she smelled the distinct odor of marijuana, and thus was in a heightened state of alert.

I'm probably missing a couple.  Want to make a wager on whether or not at least one of those theories is trotted out by the defense?

In a court of law, even a semi-competent prosecutor would have no difficulty whatsoever in refuting the living shit out of all of those points.

And I know that you're merely trotting out theories that they'll try, but I'm sure you'd agree that not one of them will stick.

[hpslugga 4043]

1 hour ago, Onboard 2.0 said:

Didn't think

You never do.

[Chewbacca 7729]

In a court of law, even a semi-competent prosecutor would have no difficulty whatsoever in refuting the living shit out of all of those points.
And I know that you're merely trotting out theories that they'll try, but I'm sure you'd agree that not one of them will stick.

You're assuming the prosecutor wants to convict the defendant.

[KaiserSoze 997]

Weed broken up and stored in multiple plastic bags is gonna be viewed as dealing. If it was all in one bag it can be argued personal use

 

It was only 10 grams, which isn't much weed at all.... plenty of people re-up when they're getting that low. As for multiple bags, it was probably a couple of different strains.

 

 

 

 

 

 

 

 

[hpslugga 4043]

2 minutes ago, Chewbacca said:

3 minutes ago, hpslugga said:

In a court of law, even a semi-competent prosecutor would have no difficulty whatsoever in refuting the living shit out of all of those points.
And I know that you're merely trotting out theories that they'll try, but I'm sure you'd agree that not one of them will stick.

You're assuming the prosecutor wants to convict the defendant.

Now THAT point I'll concede, but if that's what we're dealing with then Brisket's 5 points are irrelevant as such a prosecutor would have his/her mind made up about that in the first place. 

Edited September 14, 2018 by hpslugga

[Brisketexan 104557]

1 minute ago, hpslugga said:

In a court of law, even a semi-competent prosecutor would have no difficulty whatsoever in refuting the living shit out of all of those points.

And I know that you're merely trotting out theories that they'll try, but I'm sure you'd agree that not one of them will stick.

 

Just now, Chewbacca said:

1 minute ago, hpslugga said:

In a court of law, even a semi-competent prosecutor would have no difficulty whatsoever in refuting the living shit out of all of those points.
And I know that you're merely trotting out theories that they'll try, but I'm sure you'd agree that not one of them will stick.

You're assuming the prosecutor wants to convict the defendant.

This.

AND, you're skipping out on the pearl-clutching white jurors, who will think like we have literally heard people comment about the Balch Springs murder of that kid -- he was out late, so he was clearly up to no good, and that's what happens when you're up to no good.  Here, he was a druggie, and this is what happens to druggies.  That juror will never vote to convict.

The victim will be tried -- by the PD and its allies, in the court of public opinion, and by the Defense, with little resistance from the prosecutor, and the victim will be convicted in the minds of the jurors.

The cop is walking.

[Orange&White 5516]

10 hours ago, 0xdeadbeef said:

I hadn't thought about it possibly being hers; in this context that would seem to make more sense.  I don't know why a cop working a 15 hour shift would take their computer to work, but who knows.   

It could be her department issued Toughbook that typically rides on the dash of the patrol car. She seemed to be carrying a backpack with police paperwork, her kevlar, and her lunchbox. Basically, she was heading home after a day of work and was carrying all of her stuff back to her apartment.  It's not a stretch to think she was also carrying her computer up to finish reports or just for personal use. A lot of officers will use their toughbooks for general home surfing/netflix because it has usually has an unlimited/unthrottled data plan on it.

A lot of the details of this case seem sketchy to me, but her carrying her "laptop" is not one of them.

[Onboard 2.0 9083]

10 minutes ago, KaiserSoze said:

 

It was only 10 grams, which isn't much weed at all.... plenty of people re-up when they're getting that low. As for multiple bags, it was probably a couple of different strains.

 

 

 

 

 

 

 

 

No it's not, but when it's individually bagged they may look at as intent to distribute (I'm sure there's a threshold they need to meet), different strains or not.  I often have a few bags of different strains lying around.

Regardless of that, it shouldn't even be an issue here, but as Brisket pointed out, the cops will try to make it an issue..

[irockalltherocks 55]

On 9/12/2018 at 11:09 AM, MrBig said:

I want to see the footage from the elevator video camera and hallway cameras. Was she carrying so many bags that she clicked the button for the wrong floor? What does the area outside the elevator look like in the parking garage? Is each floor painted a different color, or do they all look the same? Everything about this story just raises more questions.

I would like to see this too.

Do they have reserved spaces in that parking garage, or is it open parking? Also, if she lived on the 3rd floor, wouldn't she make it a habit to always park on the corresponding level of the parking garage? That way she would not need the elevator. (Maybe the parking garage is only 2 levels, I really don't know.)

[Onboard 2.0 9083]

18 minutes ago, hpslugga said:

You never do.

Fuck you dip shit, think about that.  But hey just ignore what he posted.

[hayden_horn 11360]

14 hours ago, TwiceHorn said:

Well, like I intimated, if we can find the authorities named providing assistance, they should be excoriated publicly.

I think a search warrant of a privately held crime scene is a normal thing.  In this instance, it happens to be the victim's place.  The specific mention of narcotics and paraphernalia was a bit gratuitous in this instance, but again probably SOP.  And, if he had doobage lying around it was going to be discovered and mentioned in the warrant return.

One might think she deserves a good tossing of her place, but I'm not sure the authorities can yet gin up probable cause to support such a warrant.

uh, she is a killer of a human being. her state of mind is certainly up to question. so far, we've found some MJ in the dead guy's apartment. but we somehow don't have probable cause to search HER apartment, the one of a murderer? this is the kind of think @Huckleberry was talking about upthread in his critique of your "devil's advocate" act. probable cause to search her place was established when she blasted twice at this guy.

[Onboard 2.0 9083]

4 minutes ago, hayden_horn said:

uh, she is a killer of a human being. her state of mind is certainly up to question. so far, we've found some MJ in the dead guy's apartment. but we somehow don't have probable cause to search HER apartment, the one of a murderer? this is the kind of think @Huckleberry was talking about upthread in his critique of your "devil's advocate" act. probable cause to search her place was established when she blasted twice at this guy.

Why would searching her apt. be a consideration ?  The murder didn't hapen there, what about her apt. would be an issue other than the location of her front door relative to the the location/floor of the victims front door ?

[hayden_horn 11360]

3 minutes ago, Onboard 2.0 said:

Why would searching her apt. be a consideration ?  The murder didn't hapen there, what about her apt. would be an issue other than the location of her front door relative to the the location/floor of the victims front door ?

i'm sure since being out on bail, she's meticulously cleaned her place up from anything that may indicate a negative state of mind, but when people kill other people, usually their shit gets checked. given, of course, that i'm not a lawyer, but if we're taking mobiles and laptops and illegal drugs from the dead guy's place, would we not want to at least see what's going on in the place of the person who killed him?

[hpslugga 4043]

17 minutes ago, Onboard 2.0 said:

But hey just ignore what he posted.

I didn't

[Onboard 2.0 9083]

Just now, hayden_horn said:

i'm sure since being out on bail, she's meticulously cleaned her place up from anything that may indicate a negative state of mind, but when people kill other people, usually their shit gets checked. given, of course, that i'm not a lawyer, but if we're taking mobiles and laptops and illegal drugs from the dead guy's place, would we not want to at least see what's going on in the place of the person who killed him?

Fair enough. 

[Onboard 2.0 9083]

Just now, hpslugga said:

I didn't

Yeah ya did, but you circle the wagon types are all the same.

[Cheeseweasel 26437]

39 minutes ago, hpslugga said:

In a court of law, even a semi-competent prosecutor would have no difficulty whatsoever in refuting the living shit out of all of those points.

And I know that you're merely trotting out theories that they'll try, but I'm sure you'd agree that not one of them will stick.

In the criminal justice system, the people are represented by two separate yet equally important groups: The police, who investigate crime, and the district attorneys, who prosecute the offenders. These are their stories. DUN DUN

[SDG 3319]

6 minutes ago, Onboard 2.0 said:

Why would searching her apt. be a consideration ?  The murder didn't hapen there, what about her apt. would be an issue other than the location of her front door relative to the the location/floor of the victims front door ?

How about the layout or furniture. Would it be easy to mistake the two apartments?  We know there was some light because the door was open.  

[hpslugga 4043]

6 minutes ago, Onboard 2.0 said:

Yeah ya did, but you circle the wagon types are all the same.

Except I didn't and your pissant ipse dixits are as useless as an asshole on an elbow. And what I implied was correct: you are absolutely incapable of thinking critically. All you ever do is emote, troll, react, and parrot.

Edited September 14, 2018 by hpslugga

[irishtexan 11445]

5 minutes ago, Cheeseweasel said:

In the Dallas criminal justice system, the people defendants are represented by two separate yet equally important groups: The police, who investigate crime, and the district attorneys, who prosecute the offenders. These are their stories. DUN DUN

 

[Onboard 2.0 9083]

4 minutes ago, SDG said:

How about the layout or furniture. Would it be easy to mistake the two apartments?  We know there was some light because the door was open.  

And that's relevant. I didn't think about that immediately, but is that really searching her apt or just getting a baseline for the defense that she mistook his for hers ?  Her laptop contents to the contents of her dresser drawers doesn't seem to have any bearing on the incident.

[Onboard 2.0 9083]

7 minutes ago, hpslugga said:

Except I didn't and your pissant ipse dixits are as useless as an asshole on an elbow.

You're just looking silly. You need to scamper off to your fry station at Wendys now .....

Edited September 14, 2018 by Onboard 2.0

[hpslugga 4043]

I rest my case

[bigup2dahorns 3343]

I would like to see this too.
Do they have reserved spaces in that parking garage, or is it open parking? Also, if she lived on the 3rd floor, wouldn't she make it a habit to always park on the corresponding level of the parking garage? That way she would not need the elevator. (Maybe the parking garage is only 2 levels, I really don't know.)

Do not have assigned spaces and I believe the parking garage is at least 4 floors.

['stache 21761]

22 minutes ago, Onboard 2.0 said:

Why would searching her apt. be a consideration ?  The murder didn't hapen there, what about her apt. would be an issue other than the location of her front door relative to the the location/floor of the victims front door ?

Maybe because her story of entering the wrong apartment sounds made up?  Shouldn't they be exploring other possible motives?  She says she never met him, maybe check her shit to see if that story holds up?  She fucking shot a guy in his own apartment.  Searching the crime scene is certainly necessary, but isn't it also necessary to search the suspect to look for any and all possible motives?  Or do you think it's right to just accept her story, cause she's a cop and all, no need to follow up?  And I don't think the outrage is that they searched the apartment, it's that they conveniently let leak the fact that marijuana was in the apartment.  It's not relevant at all to the story, other than to make the victim look bad.  The cops did that, because they are protecting their own.  Outrage is justified.

Edited September 14, 2018 by 'stache

[conVINCEd 21468]

Searching her apt after the fact would be a pointless exercise seeing as how they didn't bother to arrest her for 3-4 days after the crime.  I'm no master criminal, but if I was allowed to remain in my home for a few days after I killed someone, anything that would possibly make me look like a killer/racist/ pos human being would be in a dumpster behind a 7-11 on the other side of town. 

[Onboard 2.0 9083]

Just now, 'stache said:

Maybe because her story of entering the wrong apartment sounds made up?  Shouldn't they be exploring other possible motives?  She says she never met him, maybe check her shit to see if that story holds up?  She fucking shot a guy in his own apartment.  Searching the crime scene is certainly necessary, but isn't it also necessary to search the suspect to look for any and all possible motives?  Or do you think it's right to just accept her story, cause she's a cop and all, no need to follow up?  

Yeah, that's already been posted and responded to.   I think she fucked up royally, and needs to be prosecuted for it.  Nothing I've posted was intended to support her position.  My question. was just an initial response to the question about searching her apt. 

[Brisketexan 104557]

Things I would want to know/look at in any investigation of this crime:

Did she know or have any prior contact with the defendant?  Relevant evidence would include her cellphone and computer (they would likely have records of any communications either with or about him -- from sexting to a noise complaint, and everything in between).

Was she under the influence of any substance?  I'd want a blood test.  And I'd want to search her car (the last place she was before the shooting) to see if there's any other substance or issue that may have altered her mental state.

Is her story about mistaking his apartment for hers credible?  I would want to know the view and layout of her apartment -- furnishings etc.

And, to go FULL cop....why was she so keep on protecting her place from an "intruder?"  What did she have to hide?  Sounds like there's something in her apartment that she really wanted to protect.  Often, folks who use weapons to defend their turf are protecting a stash of contraband.  I'd want to know what she was protecting.

[VolenteHawk 495]

14 minutes ago, Onboard 2.0 said:

And that's relevant. I didn't think about that immediately, but is that really searching her apt or just getting a baseline for the defense that she mistook his for hers ?  Her laptop contents to the contents of her dresser drawers doesn't seem to have any bearing on the incident.

How does weed in his dresser drawer have any more bearing on a guy getting shot in his apartment?

 

[Onboard 2.0 9083]

2 minutes ago, conVINCEd said:

Searching her apt after the fact would be a pointless exercise seeing as how they didn't bother to arrest her for 3-4 days after the crime.  I'm no master criminal, but if I was allowed to remain in my home for a few days after I killed someone, anything that would possibly make me look like a killer/racist/ pos human being would be in a dumpster behind a 7-11 on the other side of town. 

If that's the case then searching her apt. will yield nothing probably.

[Onboard 2.0 9083]

1 minute ago, Brisketexan said:

Things I would want to know/look at in any investigation of this crime:

Did she know or have any prior contact with the defendant?  Relevant evidence would include her cellphone and computer (they would likely have records of any communications either with or about him -- from sexting to a noise complaint, and everything in between).

Was she under the influence of any substance?  I'd want a blood test.  And I'd want to search her car (the last place she was before the shooting) to see if there's any other substance or issue that may have altered her mental state.

Is her story about mistaking his apartment for hers credible?  I would want to know the view and layout of her apartment -- furnishings etc.

And, to go FULL cop....why was she so keep on protecting her place from an "intruder?"  What did she have to hide?  Sounds like there's something in her apartment that she really wanted to protect.  Often, folks who use weapons to defend their turf are protecting a stash of contraband.  I'd want to know what she was protecting.

Things to protect in her apt ?  like her life  ?  

[Orange&White 5516]

As has been mentioned several times, the police didn't "let it leak that he had marijuana". The police found marijuana in the apartment during a normal search and included it in their warrant because, no matter the relevance to this case, marijuana is still illegal and that is normal procedure. The media then got a hold of the list of items taken and the media then reported it. That's a far cry the "cops are leaking about the marijuana".

[Onboard 2.0 9083]

1 minute ago, VolenteHawk said:

How does weed in his dresser drawer have any more bearing on a guy getting shot in his apartment?

 

It never did in my opinion. Are none of you even reading what's being posted upstream in other posts ?

[conVINCEd 21468]

Just now, Onboard 2.0 said:

Things to protect in her apt ?  like her life  ?  

Or her stash of drugs and cash that she's taken from all of these violent felons she's been tasked with arresting?  Pointless now, because they gave her 3-4 days to take care of it before allowing her to surrender.  Her place should have been searched immediately, but that ship sailed when she wasn't arrested immediately.

[Onboard 2.0 9083]

Just now, conVINCEd said:

Or her stash of drugs and cash that she's taken from all of these violent felons she's been tasked with arresting?  Pointless now, because they gave her 3-4 days to take care of it before allowing her to surrender.  Her place should have been searched immediately, but that ship sailed when she wasn't arrested immediately.

Exactly, but I agree her apt. needs to be part of the investigation if at the very least to show the layout and comparison to the victims layout.  But her comments about not knowing him are now fair game for further searching/verification of that fact I'd guess.

[hayden_horn 11360]

1 minute ago, Orange&White said:

As has been mentioned several times, the police didn't "let it leak that he had marijuana". The police found marijuana in the apartment during a normal search and included it in their warrant because, no matter the relevance to this case, marijuana is still illegal and that is normal procedure. The media then got a hold of the list of items taken and the media then reported it. That's a far cry the "cops are leaking about the marijuana".

while true, this follows a predictable and successful pattern: make the victim into some sort of criminal, then the police look alright. 

you find video of a shooting victim acting like a maniac in a gas station? then the shoot must be alright.

find drugs on the shooting victim? dave chappelle was making the sprinkle some crack on him joke decades ago. what made it darkly funny was that it was the truth. 

cops have long used their investigatory authority to obfuscate investigations into cop malfeasance. turn over enough stones on a civilian and you'll find something. a prior arrest. some MJ. a unprescribed drug. an illegal drug. a drinking problem. etc. anything to paint the victim as a ne'er-do-well. it works all too commonly, which is why we see this eye-rolling attitude. we now live in a time where this shit is much more obvious than it used to be in the newspaper column on page 3C.

[C-Man 27041]

Weed broken up and stored in multiple plastic bags is gonna be viewed as dealing. If it was all in one bag it can be argued personal use which is definitely better  (not much use to him of course).
The whole things seems fucked up.

10 grams? That’s nothing more than a ticket in Dallas now, right?

[VolenteHawk 495]

3 minutes ago, Onboard 2.0 said:

It never did in my opinion. Are none of you even reading what's being posted upstream in other posts ?

You asked why they would search her apartment because "the murder didn't happen there".  Is that no implicit support of searching the victims apartment?  Is his bedroom any more germane to the investigation than her apartment?  If it was another black guy that wasn't a cop, do you thing the non crime scene apartment gets some attention?

To me, searching the residence of someone that killed another person seems like something worth the time of the police department...you know, just in case.

 

[Onboard 2.0 9083]

Just now, C-Man said:

 

10 grams? That’s nothing more than a ticket in Dallas now, right?

 

I'd imagine so, but again in different bags, could a DA say intent ?  I've heard don't get caught with weed and a scale in the same space. Again, it matters not what he had in his apt. other than her when she killed him.

[Onboard 2.0 9083]

2 minutes ago, VolenteHawk said:

You asked why they would search her apartment because "the murder didn't happen there".  Is that no implicit support of searching the victims apartment?  Is his bedroom any more germane to the investigation than her apartment?  If it was another black guy that wasn't a cop, do you thing the non crime scene apartment gets some attention?

To me, searching the residence of someone that killed another person seems like something worth the time of the police department...you know, just in case.

 

Again, asked and answered.

[Brisketexan 104557]

11 minutes ago, Onboard 2.0 said:

Things to protect in her apt ?  like her life  ?  

Sure.  Or her stash of drugs.  Or illegally seized cash.  Or child porn.

If the shooter was a black guy, his stuff would be searched for all of that.  Goose, gander.

[TwiceHorn 31263]

51 minutes ago, hayden_horn said:

uh, she is a killer of a human being. her state of mind is certainly up to question. so far, we've found some MJ in the dead guy's apartment. but we somehow don't have probable cause to search HER apartment, the one of a murderer? this is the kind of think @Huckleberry was talking about upthread in his critique of your "devil's advocate" act. probable cause to search her place was established when she blasted twice at this guy.

Fuck you and fuck Huck and your act bullshit.

 

I have explained that just because you commit a crime outside your home, you don't automatically become subject to an invasive search in your home.  Authorities have to articulate something in the form of evidence that is in your home that they would expect to find.  They don't just get to go fishing because you shot someone somewhere else.

Is it possible, based on facts that we don't know, that the investigators have sought and obtained a warrant to search her home?  Sure.

But being a crime perpetrator doesn't automatically waive your fourth amendment rights.

My problem with a lot of the posters on this thread is that you are knee-jerking and not giving anything any thought other than how things ought to align with your predetermined outcome.  This is Exhibit A.

It's not even devils advocacy, it's presenting things that people may not have thought of in their headlong rush to judgment. 

Edited September 14, 2018 by TwiceHorn