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

[Momof4RN]

What happened is horrible, and there needs to be punishment. In order to actually change things, I think we do need to look at the perceptions and procedures, as well as the very real fears that police have.

The video cam may have been released to make the police's case that, no, the police were not there to just shoot a black person. They walked past an open door which they had been told was "never open" at 2:30 am, saw a bunch of stuff on the floor, which may have indicated an invasion or struggle, and therefore made the call that it was safest to assess the situation further by walking around the property rather than announce themselves at the start. For all they know, someone is being held hostage in there, and they need more information about what's happening (Obviously, it's okay to have your door open at any hour, and it's okay to have stuff on your floor at any time. These aren't reasons to be shot. But the combo may explain the sneaking around and fear)

But I don't see how they will be able to defend the itchy trigger finger and failure to announce who they are before shooting, other than the "feared for my life" response. And sadly, that may work yet again.

I think the biggest problem I have here is that this officer chose to walk into the dark instead of into the light. Lights in house were on. If u think there is someone in there why wouldn’t you approach the situation in the light rather than the dark? They had 5 officers there. He wasn’t alone. Moo

 

[grammieto5]

I’ll give you 3 guesses why they were sneaking around, the first two don’t count and the last guess is a color...

WOW! You know what, my first instinct is to say, no, this isn’t about race. But then I think of Anthony Hill ☹, Botham Jean ☹ and I’m sure there are many others I haven’t heard about. And as one poster said earlier, it isn’t just Texas where this happens.

 

[Reasonable & Just]

There is evidence that color of the victim (not the officer) plays a role in trigger-finger speed. Better training and frequent assessment could improve the situation.

New Study Says White Police Officers Are Not More Likely To Shoot Minority Suspects

More Police Training Key To Determining Who Is A 'Good Guy' With A Gun

 

[grammieto5]

Knock on the door? I would start with that.

This woman had more right to shoot the intruders in her back yard than they did to shoot her. Yet, she’s dead. And they’re going to be on paid vacations for who knows how long.

I do think, however, it’s FINALLY at least POSSIBLE the officer will face actual consequences for killing her. It’s embarrassing and horrifying that it’s taken this long for actual consequences to even be a remote possibility.

And if the officers hands were full with holding a gun and a flashlight, maybe yell POLICE! The door was open.

 

[Hraefn]

And if the officers hands were full with holding a gun and a flashlight, maybe yell POLICE! The door was open.

Seriously who does a non emergency welfare check without announcing themselves?

 

[grammieto5]

I think they will say he saw her point a gun at him and he will walk. I’m cynical. But IMO it’s no accident the gun was mentioned immediately and the PR says he saw her and “perceived a threat.” We witness that be enough every single day for the officer to go free.

YEP! And why wouldn't she point a gun at someone sneaking around her home. She would for sure be the scared one. Home alone at night. But yet she didn't shoot her gun. Yeah it will be interesting to see how this one turns out.

 

[Momof4RN]

There is evidence that color of the victim (not the officer) plays a role in trigger-finger speed. Better training and frequent assessment could improve the situation.

New Study Says White Police Officers Are Not More Likely To Shoot Minority Suspects

More Police Training Key To Determining Who Is A 'Good Guy' With A Gun

Agree. And it is all about fear. The life of a police officer is a dangerous one. If a police officer is so fearful of a certain race, neighborhood, or situation then they have no business being a police officer. There has to be a way of weaning out trainees who are too fearful to do the job. MOO

 

[grammieto5]

I know people are wondering about the door being open. Let me just say this - the day this happened here in Texas we just had our first big cold front come down from the north bringing us the coolest weather we've had in months. This summer has been excruciatingly long. Our temperatures here have been at or over 100F for weeks on end. Finally FINALLY! we've had some relief with cool temperatures and you can bet a lot of windows and doors are wide open right now. This cold front is fantastic - everyone is feeling happy and frisky and many are airing out their houses with some fresh air. As I sit and type this our windows and doors are wide open. (It's still pitch black out, probably not a good idea.)

I don't know if that was the case here, but it certainly is a possibility.

I know what you mean. The weather here in Arizona has been beautiful for the last week or so. We have all our windows opened, even our two sliding glass doors. We keep them open all night. Atatiana had every right to have her door open, she was in her own home. This officer has to charged with something, other than be in placed on paid vacation.

 

[grammieto5]

So, I’m thinking maybe it would make a difference if new officers would ride with a partner for at least two years before they go out by themselves, but then I remembered Justine Damond, two officers riding together did not help her ☹

 

[sds71]

Atatiana Jefferson doing AP LAB WORK

Gloria Talton on Twitter

 

[Momof4RN]

Jefferson’s neighbor, 62-year-old James Smith, said he called police to the house in the early hours of Saturday because he thought it was unusual that the doors were open and the lights were on at that time of night. He told the Star-Telegramthat he knew Jefferson and her nephew were home alone and wanted to make sure they were all right.

When officers arrived, Smith said, they parked around the corner, out of view. Shortly after, he heard the gunshot and watched several more officers run in, he told the Star-Telegram.

“I’m shaken. I’m mad. I’m upset. And I feel it’s partly my fault,” Smith said. “If I had never dialed the police department, she’d still be alive.”

https://www.google.com/amp/s/www.wa...e-checking-an-open-front-door/?outputType=amp

They parked out of view? So she had no idea what was coming. LE did not respond to this as a non emergent welfare check. They already assumed there was a crime taking place before they even arrived. Why else would they hide and sneak? MOO

 

[sds71]

The shooting marked the seventh time since June 1 a Fort Worth police officer had shot a civilian. Six of those people died.
Read more here: https://www.star-telegram.com/news/local/fort-worth/article236078063.html#storylink=cpy
https://www.star-telegram.com/news/local/fort-worth/article236078063.html

 

[kaen]

Jefferson’s neighbor, 62-year-old James Smith, said he called police to the house in the early hours of Saturday because he thought it was unusual that the doors were open and the lights were on at that time of night. He told the Star-Telegramthat he knew Jefferson and her nephew were home alone and wanted to make sure they were all right.

When officers arrived, Smith said, they parked around the corner, out of view. Shortly after, he heard the gunshot and watched several more officers run in, he told the Star-Telegram.

“I’m shaken. I’m mad. I’m upset. And I feel it’s partly my fault,” Smith said. “If I had never dialed the police department, she’d still be alive.”

https://www.google.com/amp/s/www.washingtonpost.com/nation/2019/10/13/fort-worth-police-officer-fatally-shoots-woman-her-home-while-checking-an-open-front-door/?outputType=amp

They parked out of view? So she had no idea what was coming. LE did not respond to this as a non emergent welfare check. They already assumed there was a crime taking place before they even arrived. Why else would they hide and sneak? MOO

Even if they thought a crime was taking place, the easiest thing to do was to place an officer or two (since I think 5 were there) in the back and go to the door. The house was lit and they would have been able to see who was inside. Any perpetrator would have run out the back with the yard officers able to apprehend them. I keep shaking my head as I think about this story. This is a failure in policing. Why would they park away from the scene? Not announce themselves? Not go to the front where the door was open? This woman did not have to die or even get shot.

That poor neighbor. I understand why he feels he may have had a hand in her death. Although I will say, that he probably feels like the families of people who were having a mental crisis/breakdown and call for help only to have their loved one killed because policing does not take into account mental health issues-- thinking, "I called for help and they responded with lethal force."

 

[Momof4RN]

I just watched the video again. The call came in at 2:25:19am. Units dispatched at 2:25:42am. First unit arrived at 2:28:56 am and second unit arrived at 2:29:13am.
Must have been a slow night in Ft Worth. I have never called a non emergent police number and received a response in 3 min. Holy cow that was fast even for a 911 call!MOO

 

[Momof4RN]

Neighbor knows the family and was concerned. He seems to be heartbroken over this.

Oh yes. Clear neighbor did nothing wrong. And I am heartbroken broken for him. Was just wondering where the communication breakdown occurred from neighbor to dispatch to LE that his welfare check call turned into emergent crime occurring, as what seems to have been the response. Call came in as an open structure. Neighbors usually home but never has door open. How did that become an emergent response? MOO

ETA:Call even states both vehicles in driveway so LE at the very least should have assumed owners were home when they arrived. Moo

 

[Hraefn]

Oh yes. Clear neighbor did nothing wrong. And I am heartbroken broken for him. Was just wondering where the communication breakdown occurred from neighbor to dispatch to LE that his welfare check call turned into emergent crime occurring, as what seems to have been the response. Call came in as an open structure. Neighbors usually home but never has door open. How did that become an emergent response? MOO

ETA:Call even states both vehicles in driveway so LE at the very least should have assumed neighbors were home when they arrived. Moo

JMO But perhaps neighborhood demographics and crime stats, prior calls to the street/address, home owner has a record. Any of this would be completely indefensible and the situation was handled atrociously. But just some ideas that cross my mind for why in the world the officers would ever approach this way from that call.

 

[GuyfromCanada]

Any thoughts what charges are going to be filed, murder or manslaughter?

Texas Penal code defines manslaughter as

Sec. 19.04. MANSLAUGHTER. (a) A person commits an offense if he recklessly causes the death of an individual.

Murder is defined as

Sec. 19.02. MURDER. (a) In this section:

(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

(b) A person commits an offense if he:

(1) intentionally or knowingly causes the death of an individual;

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

PENAL CODE CHAPTER 19. CRIMINAL HOMICIDE

Manslaughter is a felony of the second degree, 2-20 years in prison.

 

[Momof4RN]

Any thoughts what charges are going to be filed, murder or manslaughter?

Texas Penal code defines manslaughter as

Sec. 19.04. MANSLAUGHTER. (a) A person commits an offense if he recklessly causes the death of an individual.

Murder is defined as

Sec. 19.02. MURDER. (a) In this section:

(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

(b) A person commits an offense if he:

(1) intentionally or knowingly causes the death of an individual;

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

PENAL CODE CHAPTER 19. CRIMINAL HOMICIDE

Manslaughter is a felony of the second degree, 2-20 years in prison.

Since AG was charged and convicted of murder in much the same way my guess would be this officer will be too. Moo

 

[CrimeDawg123]

Any thoughts what charges are going to be filed, murder or manslaughter?

Texas Penal code defines manslaughter as

Sec. 19.04. MANSLAUGHTER. (a) A person commits an offense if he recklessly causes the death of an individual.

Murder is defined as

Sec. 19.02. MURDER. (a) In this section:

(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

(b) A person commits an offense if he:

(1) intentionally or knowingly causes the death of an individual;

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

PENAL CODE CHAPTER 19. CRIMINAL HOMICIDE

Manslaughter is a felony of the second degree, 2-20 years in prison.

Based on what we just went through with Amber Guyger, it seems the charge should be murder. The officer "intentionally or knowingly caused the death of an individual" when he aimed his gun and shot through the window. Manslaughter would be like if the officer accidentally dropped his gun and it went off killing a bystander.

 

[nightowl1975]

I don’t see how he will be charged with anything less than murder. I do think the sentence will ultimately fall in line with what he would get if convicted of manslaughter since there’s significant overlap in the sentencing options.

I think it’s disgraceful that he will walk free, with pay and benefits, while they figure it out. If she had shot him, she would no doubt be sitting in a jail cell, if she was fortunate enough not to be killed on the spot for shooting at an officer.