He has a toy truck! Shoot him! FTP!

[Cum Dumpster]

I see several comments that this officer should be put in jail and charged with a crime. I am wondering how those who feel that way would justify it, not in feelings, but in facts.

I see this as a mistake. He should not have shot either person. We all see that now, no doubt.

Should a bus driver who makes a mistake and kills a pedestrian in a crosswalk go to jail? Should an electrician who does a bad connection wiring a pool light and a person gets electrocuted go to jail for that death?

The two examples above are people who are licensed and trained similarly to police officers and both examples people died who should not have.

Should a motorist who makes a mistake (like turns down a one way street, or makes an illegal/improper turn) and kills someone go to jail?

Seriously, I would like to hear the thought process of an officer deciding to shoot someone and that meaning it is a criminal offense.

Please remember there is no need to attack me, I can prove I have no problem with an officer being charged with a crime and being prosecuted. Ask me!

[Craizie]

I see several comments that this officer should be put in jail and charged with a crime. I am wondering how those who feel that way would justify it, not in feelings, but in facts.

I see this as a mistake. He should not have shot either person. We all see that now, no doubt.

Should a bus driver who makes a mistake and kills a pedestrian in a crosswalk go to jail? Should an electrician who does a bad connection wiring a pool light and a person gets electrocuted go to jail for that death?

The two examples above are people who are licensed and trained similarly to police officers and both examples people died who should not have.

Should a motorist who makes a mistake (like turns down a one way street, or makes an illegal/improper turn) and kills someone go to jail?

Seriously, I would like to hear the thought process of an officer deciding to shoot someone and that meaning it is a criminal offense.

Please remember there is no need to attack me, I can prove I have no problem with an officer being charged with a crime and being prosecuted. Ask me!

Would I be arrested if I saw two people sitting in the street and I discharged my weapon 3 times and struck one of them by accident?

[Forever_frost]

I see several comments that this officer should be put in jail and charged with a crime. I am wondering how those who feel that way would justify it, not in feelings, but in facts.

I see this as a mistake. He should not have shot either person. We all see that now, no doubt.

Should a bus driver who makes a mistake and kills a pedestrian in a crosswalk go to jail? Should an electrician who does a bad connection wiring a pool light and a person gets electrocuted go to jail for that death?

The two examples above are people who are licensed and trained similarly to police officers and both examples people died who should not have.

Should a motorist who makes a mistake (like turns down a one way street, or makes an illegal/improper turn) and kills someone go to jail?

Seriously, I would like to hear the thought process of an officer deciding to shoot someone and that meaning it is a criminal offense.

Please remember there is no need to attack me, I can prove I have no problem with an officer being charged with a crime and being prosecuted. Ask me!

If he'd fired one round and that was it? It would have been an oops. He fired three times. That is intent. That would be like said motorist going down 3 one way streets to kill someone or the electrician also electrifying the kitchen sink and shower in addition to the pool. It wasn't a single round, it was three of them. That's 3 trigger pulls. That's three conscience actions with 3 sight pictures where he had to actively line up his shots and control his breathing and squeeze the trigger.

Three times.


Edit: Wait, a bus driver is licensed and trained like a cop? Really now? So DOT comes up to cops at random and inspects them for discrepancies? Bus drivers are taught to drive under fire and how to react to contact?

[kingjason]

Would I be arrested if I saw two people sitting in the street and I discharged my weapon 3 times and struck one of them by accident?

It is not your duty to face these situations day in and day out. It is our duty to run to danger and take action. You can just walk away. Yes officers that willfully break the law and do malicious things will be prosecuted (I hope). Officers that make mistakes will also face actions but usually not of the same magnitude. The cop very well may be charged after further investigation, but who knows. Regardless off whether it is a good shoot or not there will always be an investigation. There are 9 different ways every call can be handled. People make mistakes.

[Forever_frost]

It is not your duty to face these situations day in and day out. It is our duty to run to danger and take action. You can just walk away. Yes officers that willfully break the law and do malicious things will be prosecuted (I hope). Officers that make mistakes will also face actions but usually not of the same magnitude. The cop very well may be charged after further investigation, but who knows. Regardless off whether it is a good shoot or not there will always be an investigation. There are 9 different ways every call can be handled. People make mistakes.

And it always winds up with the taxpayers paying and it never costing the police department in any manner. Now, if every one of these incidents came out of the police officer's pay and benefits maybe there'd actually be some sort of incentive to watch where rounds went. Like the cop that was shooting at a guy and dumped an entire magazine at him at close range and hit an innocent bystander in NY.

[Cum Dumpster]

If he'd fired one round and that was it? It would have been an oops. He fired three times. That is intent. That would be like said motorist going down 3 one way streets to kill someone or the electrician also electrifying the kitchen sink and shower in addition to the pool. It wasn't a single round, it was three of them. That's 3 trigger pulls. That's three conscience actions with 3 sight pictures where he had to actively line up his shots and control his breathing and squeeze the trigger.

Three times.


Edit: Wait, a bus driver is licensed and trained like a cop? Really now? So DOT comes up to cops at random and inspects them for discrepancies? Bus drivers are taught to drive under fire and how to react to contact?

If I implied I think police officers and bus drivers are trained similarly, I worded it poorly. I meant the people in my scenarios are all trained, which was the similarity between them.

[Craizie]

It is not your duty to face these situations day in and day out. It is our duty to run to danger and take action. You can just walk away. Yes officers that willfully break the law and do malicious things will be prosecuted (I hope). Officers that make mistakes will also face actions but usually not of the same magnitude. The cop very well may be charged after further investigation, but who knows. Regardless off whether it is a good shoot or not there will always be an investigation. There are 9 different ways every call can be handled. People make mistakes.

Cops are under no obligation to run into, or face danger.

If I was a CHL holder and I saw what looked to be a gun and shot at them after they laid down, would I be charged?

[Cum Dumpster]

Would I be arrested if I saw two people sitting in the street and I discharged my weapon 3 times and struck one of them by accident?

So are you going to answer my question or just pose more questions?

So are you someone who thinks the officer should be charged with a crime or not?

[Forever_frost]

So are you going to answer my question or just pose more questions?

So are you someone who thinks the officer should be charged with a crime or not?

I am.

[Cum Dumpster]

Cops are under no obligation to run into, or face danger.

If I was a CHL holder and I saw what looked to be a gun and shot at them after they laid down, would I be charged?

You sure ask lots of questions without answering many.

[Forever_frost]

Cops are under no obligation to run into, or face danger.

If I was a CHL holder and I saw what looked to be a gun and shot at them after they laid down, would I be charged?

Truth. Warren v DC and Gonzalez v Castle Rock

[Cum Dumpster]

I am.

Yep, you did.

[Cum Dumpster]

Truth. Warren v DC and Gonzalez v Castle Rock

You did see the cops running into the danger on 9/11 and the Dallas police shooting, and many others though, right? May not be obligated, but we sure do.

I have done it many times myself and I have never run AWAY from danger.

[kingjason]

And it always winds up with the taxpayers paying and it never costing the police department in any manner. Now, if every one of these incidents came out of the police officer's pay and benefits maybe there'd actually be some sort of incentive to watch where rounds went. Like the cop that was shooting at a guy and dumped an entire magazine at him at close range and hit an innocent bystander in NY.

[Forever_frost]

Yep, you did.

Texas Penal Code Section 790.15 prohibits discharging a firearm in public or on residential property under certain circumstances. A violation of the statute is a first degree misdemeanor.

The statute also creates either a second or third degree felony if a firearm is discharged from a vehicle depending on the circumstances. The statute is extremely broad, and by its terms seeks to encompass even reckless or negligent behavior.

http://www.matthoraklaw.com/criminal-defense/gun-firearm-crimes/firearm-discharge/