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Originally Posted by deflave

LOL

Just stop.

Why? Don't like losing arguments? You'd think you'd be well accustomed to it by now.


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Originally Posted by jwp475
Originally Posted by The_Real_Hawkeye
Originally Posted by steve4102
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.


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


Negligent injury, negligent homicide or both criminal



...and civil


Give a man a fish and he eats for a day. Give a man a welfare check, a forty ounce malt liquor, a crack pipe, an Obama phone, free health insurance. and some Air Jordan's and he votes Democrat for a lifetime.
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Originally Posted by The_Real_Hawkeye
Originally Posted by jwp475
Originally Posted by The_Real_Hawkeye
Originally Posted by jwp475
If someone takes your cow with the intent to purchase but doesn't pay, is this civil or criminal?
Nonsense comparison.


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

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


No the facts aren't too sparse. If merchandise it is civil but livestock is criminal.



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Originally Posted by steve4102

See my above definition of Negligent Homicide.

This isn't negligent homicide. In the midst of mayhem (brought about by the criminal conduct of the deceased), she mistakenly grabbed the wrong piece of equipment. Human beings aren't 100% perfect, and under high stress make mistakes regardless of their level of training, professionalism, and experience. Our criminal laws don't punish this. That's for civil law.

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If the dead guy was a good ol boy wearing a Maga hat and driving a pickup, I'm guessing everyone would want the incompetent officer executed at the town square.


This situation is unfortunate, but she literally had 26 years to train, she failed to do so, and acted negligently.

I have literally witnessed with my own eyes people on FTO preform better in similar situations.

Last edited by Jackson_Handy; 04/15/21.
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Originally Posted by steve4102
Originally Posted by jwp475
Originally Posted by The_Real_Hawkeye
Originally Posted by steve4102
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.


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


Negligent injury, negligent homicide or both criminal



...and civil



Yep, can be both



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Originally Posted by The_Real_Hawkeye
Originally Posted by deflave

LOL

Just stop.

Why? Don't like losing arguments? You'd think you'd be well accustomed to it by now.


You just said a person can’t be charged criminally for running over a four year old.

But do continue with your bullschit.


Originally Posted by Geno67
Trump being classless,tasteless and clueless as usual.
Originally Posted by Judman
Sorry, trump is a no tax payin pile of shiit.
Originally Posted by KSMITH
My young wife decided to play the field and had moved several dudes into my house
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Originally Posted by deflave
Originally Posted by The_Real_Hawkeye
Originally Posted by deflave

LOL

Just stop.

Why? Don't like losing arguments? You'd think you'd be well accustomed to it by now.


You just said a person can’t be charged criminally for running over a four year old.

But do continue with your bullschit.

I think you need some work on your reading comprehension.

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Originally Posted by Jackson_Handy
If the dead guy was a good ol boy wearing a Maga hat and driving a pickup, I'm guessing everyone would want the incompetent officer executed at the town square.


This situation is unfortunate, but she literally had 26 years to train, she failed to do so, and acted negligently.

I have literally witnessed with my own eyes people on FTO preform better in similar situations.


100%.

Everybody is so nuts with division they will argue the case for this woman’s actions.

And they have no experience or clue what they’re arguing for.


Originally Posted by Geno67
Trump being classless,tasteless and clueless as usual.
Originally Posted by Judman
Sorry, trump is a no tax payin pile of shiit.
Originally Posted by KSMITH
My young wife decided to play the field and had moved several dudes into my house
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Originally Posted by deflave
Originally Posted by Jackson_Handy
If the dead guy was a good ol boy wearing a Maga hat and driving a pickup, I'm guessing everyone would want the incompetent officer executed at the town square.


This situation is unfortunate, but she literally had 26 years to train, she failed to do so, and acted negligently.

I have literally witnessed with my own eyes people on FTO preform better in similar situations.


100%.

Everybody is so nuts with division they will argue the case for this woman’s actions.

And they have no experience or clue what they’re arguing for.


She was most definitely negligent which resulted in a homicide.



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well its to late for that young man he is dead , yes he should have not resisted but if i was a cop i would have just let him go and caught him later at home if he needed to be arrested. simple thing to do and no one gets hurt . some how some way someone needs to figure out how these young black people got to learn not to resist a police officer and behave themselves ????


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Originally Posted by The_Real_Hawkeye
Originally Posted by jwp475
Originally Posted by The_Real_Hawkeye
Originally Posted by jwp475
If someone takes your cow with the intent to purchase but doesn't pay, is this civil or criminal?
Nonsense comparison.


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

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


I first turned this over to the sheriff department and they claimed the DA said it was civil. Which means the DA assumed the statue was the same as with merchandise. After reading the statue I knew they were wrong and I contacted the State Brand Inspector and he agreed it was criminal and he was getting close to making an arrest when the guy decided to pay me after 23 months of nonpayment.



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I wrote this in another thread but it seems to fit well here too..

Will it be different when it's YOU, your friends, your life lost, your guns taken, your freedom gone, being a felon for what you legally own now, eliminated like Ashli Babbitt, or victims of red flag laws, and not some black thug?

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Originally Posted by pete53
well its to late for that young man he is dead , yes he should have not resisted but if i was a cop i would have just let him go and caught him later at home if he needed to be arrested. simple thing to do and no one gets hurt . some how some way someone needs to figure out how these young black people got to learn not to resist a police officer and behave themselves ????


You making an assumption that no one would be hurt at his residence



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Originally Posted by jwp475

She was most definitely negligent which resulted in a homicide.



It resulted in a death. Homicide requires mens rea. The minimum mes rea for homicide is reckless disregard for human life. No level of mens rea, however, was in evidence here. It was simple negligence resulting in death, like a doctor, at the end of a double ER shift, grabbing the wrong hypodermic syringe off the table and injecting it into the wrong patient. That's the sort of thing we have civil actions for.

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Originally Posted by The_Real_Hawkeye
Originally Posted by jwp475

She was most definitely negligent which resulted in a homicide.



It resulted in a death. Homicide requires mens rea. The minimum mes rea for homicide is reckless disregard for human life. No level of mens rea, however, was in evidence here. It was simple negligence resulting in death, like a doctor, at the end of a double ER shift, grabbing the wrong hypodermic needle off the table and injecting it into the wrong patient.


You are so far removed from reality or live in an alternate universe



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26 year female cop. Probably didn’t attend training the last few years because “I’ve done my time”. Not surprised at all. Big difference from a pistol in the hand over a taser....purposefully so.


Yup.
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Originally Posted by The_Real_Hawkeye
Originally Posted by jwp475

She was most definitely negligent which resulted in a homicide.



It resulted in a death. Homicide requires mens rea. The minimum mes rea for homicide is reckless disregard for human life. No level of mens rea, however, was in evidence here. It was simple negligence resulting in death, like a doctor, at the end of a double ER shift, grabbing the wrong hypodermic needle off the table and injecting it into the wrong patient.


Negligent homicide is the killing of another person through gross negligence or without malice



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Originally Posted by The_Real_Hawkeye
Originally Posted by jwp475

She was most definitely negligent which resulted in a homicide.



It resulted in a death. Homicide requires mens rea. The minimum mes rea for homicide is reckless disregard for human life. No level of mens rea, however, was in evidence here. It was simple negligence resulting in death, like a doctor, at the end of a double ER shift, grabbing the wrong hypodermic needle off the table and injecting it into the wrong patient.


This means an act of recklessness or negligence caused the death of another person. The death must not have been intentional or planned in any way. Rather, it was the result of an accident



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Originally Posted by jwp475
Originally Posted by The_Real_Hawkeye
Originally Posted by jwp475

She was most definitely negligent which resulted in a homicide.



It resulted in a death. Homicide requires mens rea. The minimum mes rea for homicide is reckless disregard for human life. No level of mens rea, however, was in evidence here. It was simple negligence resulting in death, like a doctor, at the end of a double ER shift, grabbing the wrong hypodermic needle off the table and injecting it into the wrong patient.
Negligent homicide is the killing of another person through gross negligence or without malice

Reckless disregard for human life is an element of that crime, which isn't in evidence. This case is analogous to the case of the ER doctor I described above.

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