Originally Posted by The_Real_Hawkeye
Originally Posted by jwp475
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




Not in the criminal sense. In the tortious sense, yes.

The reason it's not negligent in the criminal sense (as in negligent homicide) is that there was zero mens rea in evidence. All the evidence points to a momentary confusion in the midst of an exigent circumstance.


In the criminal sense it is also and I'll make a prediction and that is "mistake of fact" will not be used by her lawyer at the trial



I got banned on another web site for a debate that happened on this site. That's a first