TX - Atatiana Jefferson, 28, fatally shot by police at home, Fort Worth, Oct 2019 *officer charged*

Discussion in 'Currently Awaiting Trial' started by GuyfromCanada, Oct 12, 2019.

  1. nrdsb4

    nrdsb4 Well-Known Member

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    Of course. And in Texas, in your own home, there is no duty to retreat when someone forces themselves into your home, unless of course, the tresspasser identifies themselves as law enforcement.
     


  2. Rocky1

    Rocky1 Well-Known Member

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    Yes. Had he broken a window, that would change everything, but as it stands, he didn't, so no, she would not have been able to use deadly force.
    Having said that, under Penal code 9,04, she did have a right to display a weapon at the time she saw him outside. She just couldn't use "deadly force."
    I just dug this up. It may explain it better than I did.
    Scroll down and read the sectioned titled "What about People That Are Only Trespassers.

    Understanding the Castle Doctrine - U.S. & Texas LawShield

    You still have a legal right to exclude or remove trespassers from your land; however you are limited to only using non-deadly force to do so. The use of force can have many different manifestations, from physical confrontation to displaying a weapon. Texas Penal Code §9.04 states that for defensive purposes the display of a weapon in order to create apprehension in another person is considered a use of force, not deadly force. That means if someone trespasses on your property, you may display your firearm to create apprehension that you will use deadly force if necessary. You will not be legally justified in discharging the firearm, but you will be legally justified in displaying it to “create apprehension” under the law. Only if the trespasser is committing other acts where the law states that you are justified in using deadly force would you be allowed to discharge your firearm legally.

    For example, if you are sitting in your living room and see an individual peering in your window, you will probably not be justified under Texas law in using deadly force against the suspicious person. However, if the same fellow breaks a window and climbs through, you will be legally justified in using deadly force under Texas Penal Code §9.32. If you see the same individual scoping out your detached barn, you will not fall under Texas Penal Code §9.32, because it is not considered an occupied habitation. Note under our examples you may very well be justified under another section of the law in the use of deadly force, but not under Texas Penal Code §9.32, or what the media calls the “Castle Doctrine.”
     
  3. imstilla.grandma

    imstilla.grandma Believer of Miracles

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  4. imstilla.grandma

    imstilla.grandma Believer of Miracles

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  5. Momof4RN

    Momof4RN Well-Known Member

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    From the article:

    LaRhonda Young, a former Fort Worth police officer from 1992 to 2004 who had once patrolled that neighborhood, said if time permits, officers must adequately scope out a scene before knocking on a door and potentially startling someone.

    Young said sensory clues, such as the lights being on inside and it being one of the first cool nights in Fort Worth in days would be signs to assume a burglary wasn't taking place. Walking around the backyard of someone's home in the dark would only escalate the situation, she said.

    "I can understand that this is an open structure call and you need to take precaution, but it's just that — take precaution," Young said. "Take in your surroundings."

    She said it's less a failure of training that an officer would respond in the way Dean reportedly did and more that Dean, a rookie officer, is likely learning from other rookies with less than five years experience.

    Craig Miller, a former deputy chief of police in Dallas, said overnight shifts in larger police departments are typically given to junior officers who have less seniority.

    Young said it's incumbent upon all officers to have better relationships in the communities they serve so they can recognize the people who live there, whether they're law-abiding residents or people engaged in criminal activity.

    "When I worked out there, we knew all the dope dealers," Young said. "They knew me by my first name. They didn't like me. But we had a mutual respect. Being a rookie is no excuse — you've got to study your neighborhood."

    Fort Worth shooting of Atatiana Jefferson exposes police training failures
     
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  6. Safeguard

    Safeguard On Time Out

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    rsbm
    She didn't shoot her weapon, so I don't see how this is relevant anyway. She was alone with a child and her sick mom, had men creeping around her home at 2am and yet she showed more restraint than trained law enforcement. That's a crime right there.

    Take note, nosy neighbors!

    Also applies to your neighbors! If you don't know your neighbor enough to surmise that they might be enjoying a cool breeze through the screen door, than you have no business calling the cops because of your paranoia.
     
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  7. Hraefn

    Hraefn Verified Attorney

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    Oh wow. That’s how she found out?
     
  8. Momof4RN

    Momof4RN Well-Known Member

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    Ouch!
     
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  9. Hraefn

    Hraefn Verified Attorney

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    I appreciate this analysis. I wonder if there is case law about a fenced yard? Does that go beyond trespassing into breaking and entering?
     
  10. Momof4RN

    Momof4RN Well-Known Member

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    It’s Merritt...grain of salt
    imo
     
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  11. Tssiemer

    Tssiemer Well-Known Member

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    do you mean like if she wasn’t a black woman people wouldn’t be as outraged?
     
  12. Tssiemer

    Tssiemer Well-Known Member

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    Oh I quoted the wrong one
     
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  13. Safeguard

    Safeguard On Time Out

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    At the end of the day, a woman is dead, a young child scarred, an unstable cop removed from "service"...

    And the rest of us helpless to to stop those who would use this pain for polical gain. As if this woman and her family mattered at all.

    We're truly living in a "psychopathic era" .
     
  14. imstilla.grandma

    imstilla.grandma Believer of Miracles

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    He first refused to be interviewed by the detectives in the immediate aftermath of the shooting, and his attorneys told police that he was going to provide a written statement at a later date, according to the document.

    In most police shootings, officers give an oral or written statement about what happened for an internal investigation, either immediately after the shooting or within 72 hours.
    Former Fort Worth officer who shot and killed Atatiana Jefferson refuses to speak with detectives
     
  15. Charlot123

    Charlot123 Well-Known Member

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    They would be outraged the same. All of us can put ourselves in the shoes of the victims of police ineptitude. But nowadays, there is more awareness about the statistics of killings of African Americans by the police, and I think, the prevailing feeling is that we all deserve the same, legality and law. Also, it happened too soon after the trial of Botham Jean, and the cases are somewhat similar (two young people, peacefully relaxing in the privacy of their homes...). We all can put ourselves in their shoes. This is what makes these cases powerful.
     
  16. imstilla.grandma

    imstilla.grandma Believer of Miracles

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    I don’t even know how to begin to address this new officer shooting: I don’t have enough info.
    CO - Andy Huff, 22, Unannounced* Aurora cop shot man in back through window in home, 10 Oct 2019
     
  17. Safeguard

    Safeguard On Time Out

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    But it's wrong, (I have to say, imo here, on this site.), But it IS wrong, to call out
    color, race. It only serves a certain polical agenda, and devalues others families who have suffered the same fate, who do not happen to be black.
     
  18. Betty P

    Betty P Well-Known Member

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    This has probably been discussed, but why didn't the officer just ring the doorbell or knock on the front door?
     
  19. Safeguard

    Safeguard On Time Out

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  20. Safeguard

    Safeguard On Time Out

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    Exactly as he should have. No excuses for not having done that. For the cop or the neighbor! imo (as required).
     

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