Home Forums Hunting & Shooting Hunter's Campfire Female cop grabs side arm instead of Taser...

OK, Hawkeye.

I'll give you a rebuttal.

Mistake of Fact would be an officer believing a suspect matches the description of a wanted felon in their AOR. As a result the officer approaches the subject in an advanced state of readiness because the suspect has a history of violent assault and attempted murder. As he approaches the suspect the suspect pulls a phone out of their pocket and the officer believes it to be a firearm. The officer shoots and kills the suspect.

Mistake of fact would be 1.) It was not a gun. 2.) Although the appearance and location of the suspect were nearly identical to the individual the officer was looking for, he ended up not being the wanted felon.

You could interject mistake of facts in a case like this as a defense.

But "golly shucks officer, I forgot the pedal on the right make it go fast and the pedal on the left make it stop" is not an argument for mistake of fact. It means you're just a fugkin idiot that can't drive, and you killed somebody as a result.

I hope now that you see you don't know WTF you're talking about. But I doubt it.

That's a nonsense rebuttal. The criteria for a mistake of fact defense is that it be credible. Which means, to deny it to her, you'd have to assert that she actually knew it was a Glock and not a Taser at the moment she pulled the trigger. Is that what you're asserting?

That went exactly like I thought it would.

LOL

On that we can agree.

Hey, why did you run over that four year old?


Oh because I thought it was in reverse. Mistake of Fact, your honor.

LOL

Few would quarrel with that. The facts are he didn't comply, and one officer could not get the cuffs on him and backed off allowing him the opportunity to get away, then the woman cop interceded by the time he got in his vehicle and shot him instead of tasing him, as she was announcing she was doing. Had she been a rookie it would not look so bad but she wasn't. She was someone who trained rookies and killed a man regardless of the prior situation. If the person she foolishly killed had been anyone else's son, husband, friend they would demand justice, too, regardless of their skin color.

The sad, but undeniable truth here is that if she had shot a White guy, under the exact same circumstances, it would not have made the news.

That would be a civil case, not criminal, if the assertion that it was a mistake was credible under the circumstances, and not just a post hoc excuse to explain away reckless or malicious conduct. If the latter, then it's a criminal matter.

Cept, cops are and should be held to a higher standard than say, a logger with a saw.

If someone takes your cow with the intent to purchase but doesn't pay, is this civil or criminal?

No, she was negligent, maybe. Negligent or not, she was "Incompetent" at the very least.

To be negligent is to be neglectful. Negligence is an important legal concept; it's usually defined as the failure to use the care that a normally careful person would in a given situation. Negligence is a common claim in lawsuits regarding medical malpractice, auto accidents, and workplace injuries.

Former officer Kim Potter made a fatal mistake and many have had their lives changes forever. Obviously Mr. Wright paid a very high price. However in too many cases the "person of interest" has elevated the contact with failing to comply. His two count gross misdemeanor - possession of a firearm w/o a permit and fleeing a peace officer was going to lead to an arrest. His probation from an earlier aggravated robbery would also have been revoked. The lenient cost would most likely have increased his bail as their goal is to minimize the Hennepin County jail roster.
To repeat, none of this excuses Potter - but all would be with us today, but the media will never tell the entire story.

Nonsense comparison. Or you need to fill in a lot of missing factors.

Which is it? Or you simply don't know?

LOL

Just stop.

That's a legitimate argument, but one to be made in civil, not criminal, court.

Fill in the facts a bit more so we can discuss it. Too sparse.

See my above definition of Negligent Homicide.

Negligent injury, negligent homicide or both criminal