I don't think a jury will buy this story

[johndoe3]

Drunk 24-year old man breaks into someone else's house, shot by homeowner.

http://www.bozemandailychronicle.com/ap ... 9f255.html

His excuse is that he thought it was where he lived.

Problem: He doesn't even live in that city!


Maybe he had dreamed of living in that city, and under the influence of alcohol he was living out his dreams?

[poikilotrm]

It depends. What was his BAC at the hospital? If it was high enough, I would believe him. It's a shame we hold drunks to a higher standard of conduct than cops.

[LostintheAOs]

In Kali it's not likely a jury will buy his story. As stupid as the gun laws are out there, juries tend to actually use their heads when it comes to self defense and drunkeness. At least from what I saw growing up there. They don't give guys a pass after robbing a store while drunk, not likely to get a pass here either, IMHO.

[Decal]

Incidents like this are pretty commonplace with the exception of a shooting. You take an area that has a population that does a lot of drinking like a college town, and there is always someone who gets so drunk they either try, or actually enter homes thinking its there place.

[whiterussian1974]

I don't know CA laws. In TX the drunk would face arrest for Class B Misdemeanor - Unlawful Entry of a Habitation.
His BAC would help determine his Defense under "Mistake of Fact."
Most DAs would view his prior Criminal History in deciding if it was a "Pattern of Behavior" or a Simple Mistake.
Likely, getting shot would be his worst punishment. Perhaps a Plea Agreement for Public Intoxication and $350-500 Fine. Unless he had a Lookout and Cargo Van waiting to load electronics and jewelry into. Those facts would alter the whole perception of this Case.

[continuity]

I don't know CA laws. In TX the drunk would face arrest for Class B Misdemeanor - Unlawful Entry of a Habitation.
His BAC would help determine his Defense under "Mistake of Fact."
Most DAs would view his prior Criminal History in deciding if it was a "Pattern of Behavior" or a Simple Mistake.
Likely, getting shot would be his worst punishment. Perhaps a Plea Agreement for Public Intoxication and $350-500 Fine. Unless he had a Lookout and Cargo Van waiting to load electronics and jewelry into. Those facts would alter the whole perception of this Case.

I'll add, it doesn't matter what his story is. He placed himself at risk with personal behavior. Not begrudging him getting drunk, it's his right in pursuit of happiness (?)... but as a result of exercising that right, there is no expectation of absolution relative responsibility for resultant behavior(s).

[poikilotrm]

I'll add, it doesn't matter what his story is. He placed himself at risk with personal behavior. Not begrudging him getting drunk, it's his right in pursuit of happiness (?)... but as a result of exercising that right, there is no expectation of absolution relative responsibility for resultant behavior(s).

Amazing how quickly that is stated with regards to a non-cop, amazing how quickly it is vehemently abandoned with regards to a cop's behavior.

Tell us all about qualified immunity and Garrity, convict.

[whiterussian1974]

I'll add, it doesn't matter what his story is. He placed himself at risk with personal behavior. Not begrudging him getting drunk, it's his right in pursuit of happiness (?)... but as a result of exercising that right, there is no expectation of absolution relative responsibility for resultant behavior(s).

Amazing how quickly that is stated with regards to a non-cop, amazing how quickly it is vehemently abandoned with regards to a cop's behavior.

Many Depts don't allow possessing a weapon if Intoxicated. Even Off Duty.
Yet Deputies have been arrested by State Troopers who found empty beer cans on passenger-side floorboard of patrol car and Dpty blew over .08 BAC while On Duty and operating motor vehicle.
The Dpty was responding to a non-fatal car accident and Trooper arrived 2nd on scene. His discovered the empty cans and smelled strong odor of hops on Dpty's breath. He called for Supervisor who verified the Evidence and took Dpty into custody after removing his duty gear.

Just goes to show Poiki, SOME of us try to do our best and don't cover for colleagues Unlawful behaviour. But we are ALL human. And thus, fallible. It's the PATTERN of behaviour that must be examined.

[poikilotrm]

Many Depts don't allow possessing a weapon if Intoxicated. Even Off Duty.
Yet Deputies have been arrested by State Troopers who found empty beer cans on passenger-side floorboard of patrol car and Dpty blew over .08 BAC while On Duty and operating motor vehicle.
The Dpty was responding to a non-fatal car accident and Trooper arrived 2nd on scene. His discovered the empty cans and smelled strong odor of hops on Dpty's breath. He called for Supervisor who verified the Evidence and took Dpty into custody after removing his duty gear.

Just goes to show Poiki, SOME of us try to do our best and don't cover for colleagues Unlawful behaviour. But we are ALL human. And thus, fallible. It's the PATTERN of behaviour that must be examined.

No. What must be removed completely is qualified immunity and cops refusing to arrest criminal cops and cops supporting criminal cops.

I personally know a police detective who whipped out his POW while drunk in a taxi, kidnapped the driver, and started firing his weapon into the air through the window. He still is with the NOPD. He also can't shoot pool worth a damn.

[continuity]

Amazing how quickly that is stated with regards to a non-cop, amazing how quickly it is vehemently abandoned with regards to a cop's behavior.

This statement is non sequitur BS. Do you disagree with what I posted?

Tell us all about qualified immunity and Garrity, convict.

Since you asked, "Garrity" is a legal requirement to make a statement and is a basis for an officer being sanctioned or dismissed. Garrity overrides the civil right "to remain silent", enjoyed by all except peace officers. The relief is that any Garrity statement... as taken... can't be used in a criminal prosecution. However, a falsified Garrity statement, is a basis for criminal prosecution.

Does your job put you at risk of having your civil rights suspended, your livelyhood/personal identity being taken away, based on nothing more than an accusation of wrong doing? The accusation made by someone behaving in an illegal manner, and viable only because they uttered the accusation... nothing more?

Yes, my self identity is based in large part, in what I do for a living. It's not so much a job as it is a lifestyle. It's certainly not for the money. I've got an Engineering degree that can be bartered for x4 what I earn as a cop. I do this thing because it's what I was meant to do.

[poikilotrm]

Since you asked, "Garrity" is a legal requirement to make a statement and is a basis for an officer being sanctioned or dismissed. Garrity overrides the civil right "to remain silent", enjoyed by all except peace officers. The relief is that any Garrity statement... as taken... can't be used in a criminal prosecution. However, a falsified Garrity statement, is a basis for criminal prosecution.

Uhhhh, no. Garrity means a cop, forced to talk about an incident wherein his conduct might lead to dismissal or criminal charges, cannot be held liable for the crime or misconduct committed if he invokes Garrity and tells the truth. It's a Get Out of Jail Free card. Ever see The Shield? Remember when Mackey gets all his crimes on tape? Garrity. One of the few real things that show ever depicted.

https://supreme.justia.com/cases/federa ... /case.html

2. The threat of removal from public office under the forfeiture of office statute to induce the petitioners to forgo the privilege against self-incrimination secured by the Fourteenth Amendment rendered the resulting statements involuntary, and therefore inadmissible in the state criminal proceedings. Pp. 385 U. S. 496-500.

Does your job put you at risk of having your civil rights suspended, your livelyhood/personal identity being taken away, based on nothing more than an accusation of wrong doing? The accusation made by someone behaving in an illegal manner, and viable only because they uttered the accusation... nothing more?

That's called LIFE for we regular non-cops in this here police state, boy! I have had it happen. It can still happen. Try again.

Yes, my self identity is based in large part, in what I do for a living. It's not so much a job as it is a lifestyle. It's certainly not for the money. I've got an Engineering degree that can be bartered for x4 what I earn as a cop. I do this thing because it's what I was meant to do.

You were meant to be a pointless parasitic goon who preys on people? How sad.

[continuity]

I'll rest my case on statical evidence that medical professionals are responsible for the vast majority of unnatural deaths in this country.

Since you apparently have no intention of answering my questions, never mind.

[poikilotrm]

I did answer it. RIF, boy.