It's an affirmative defense, so the standard of proof would be mere preponderance of evidence, i.e., a reasonable person would conclude, based on the facts asserted by the defense, that it's more likely the case than not. I think such things as her voice having been recorded saying, right before the shooting, "I'm going to taser you," while holding the Glock, and then her voice, after the shooting, expressing surprise, stating "I just shot him," would satisfy the standard.
A reasonable person would conclude that she is a police officer trained in the use of deadly force and non lethal force. She knows the difference between a firearm and a tasser. She also puts each on her belt and knows where she put each.
Definitely a case of negligent homicide
I got banned on another web site for a debate that happened on this site. That's a first
