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by srothstein
Sat Jan 26, 2019 3:31 pm
Forum: Never Again!!
Topic: Police Officer Mishandles Gun And Shoots Another
Replies: 30
Views: 13174

Re: Police Officer Mishandles Gun And Shoots Another

Keith B wrote: Sat Jan 26, 2019 10:45 am Involuntary manslauther for Missouri is just manslauther in Texas.
Thanks. I don't know why i was thinking it was in Texas. I apologize for blaming the media for not paying attention when they were, in fact, correct this time.
by srothstein
Sat Jan 26, 2019 10:30 am
Forum: Never Again!!
Topic: Police Officer Mishandles Gun And Shoots Another
Replies: 30
Views: 13174

Re: Police Officer Mishandles Gun And Shoots Another

bblhd672 wrote: Sat Jan 26, 2019 4:01 am Officer who fired fatal shot charged with involuntary manslaughter; he and victim were playing with a gun, charge says
https://www.stltoday.com/news/local/cri ... -top-story

I don’t understand the charge of involuntary manslaughter. He deliberately pointed a loaded weapon at another person and pulled the trigger. One of us would be charged with murder.
Still stinks that something else was going on and is being covered up.
Trust the newspaper to get it wrong. There is no such charge in Texas as involuntary manslaughter. It is either murder or manslaughter or criminally negligent homicide. The difference is in the mental state. If you intended to kill or knew you would, it is murder. If the act was reckless, it is manslaughter. If it was through negligence, it is criminally negligent homicide.

In this case, the DA probably could not prove the intent to kill, but playing Russian Roulette like this is clearly reckless. The knowingly part is a possibility, but the jury could be sympathetic and not see it. A case for manslaughter should be such a lock that there is only a question of sentencing left.

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