Therefore, the "mistake of favt" defense will be of no relevance when a 26 year police office doesn't know the difference between a taser and a pistol , this is a clear case of negligent homicide hence the charge of 2nd degree manslaughter
Okay, so you're asserting that she actually knew it was a Glock, not a Taser, and that she secretly intended to murder the arrestee, and just added the comments about him being about to be Tasered in order to plant exculpatory evidence into the record. That's a sound theory, but you'd need some evidence for it.
Your theory that she did in fact know the difference, at the time of the shooting, between her Glock and her Taser, of course, totally negates your negligent homicide theory. You realize that, right? If she actually knew the difference at that moment, then yours is just a plain old first degree murder theory, not a negligent homicide theory.
My assertion is that after 26 years of on the job training she was negligent. Any reasonable person with 26 years should know the location of their taser and their pistol on their belt. To not know is negligent
I got banned on another web site for a debate that happened on this site. That's a first
