Midland PD officer shot and killed. Edited

[howdy]

Go to Google Earth and look at 3306 Eagle Cove, Midland, Tx. It is a large home and it is very possible the shooter never heard the LEO announce "Police Officer" .

[dlh]

I await the grand jury's decision. Yes, I know the joke about indicting a ham sandwich. However, the grand jury will have far more information than we have.

[SewTexas]

so a young-ish rich guy? wow, the grand jury's going to have a field day with him.

[baseballguy2001]

As I suspected ... "Texas Ranger Cody Allen interviewed *The Home Owner*, the affidavit detailed, and he admitted against his penal interest that he was inside the residence and fired a handgun in the direction of Heidelberg, the affidavit stated. There was reportedly no evidence of anyone else discharging a firearm." -- Look, none of us want to have a defensive shooting, but if you do ... KEEP YOUR MOUTH SHUT until you speak to an attorney. In case you were wondering - 'In United States law, a statement against penal interest is a statement that puts the statement-maker at risk of prosecution. It is the criminal equivalent of a statement against interest, a statement a person would not normally make, which would put them in a disadvantaged position to that they would have had if they had not made the statement in the first place.' -- Remember what Joe Friday always said, ANYTHING you say, can and will be used against you. Not may be used, will be used against you.

[Grumpy1993]

Rangers investigate ALL officer involved shootings in Texas.

viewtopic.php?f=108&t=94776

[philip964]

https://nypost.com/2021/12/08/texas-gun ... of-murder/

Homeowner is acquitted of killing officer in his home after he called 911 to summon the police.

This is a weird tragic story.

You have a gun, but your hiding in a closet. You only get brave when the police arrive.

RIP Officer.

Know your target.

[baseballguy2001]

"a Texas Ranger and a police trainee who were on the scene told defense lawyers it was possible that he did not hear Heidelberg’s announcement" - So, the policemen announced who he was while outside the house. He then he went inside, alarm blaring, (no announcement) armed, and dressed in dark clothes and the home owner took him for an intruder. The jury made the correct decision. Also, keep in mind the prosecutor upgraded the charges from second-degree manslaughter to murder.

[philip964]

"a Texas Ranger and a police trainee who were on the scene told defense lawyers it was possible that he did not hear Heidelberg’s announcement" - So, the policemen announced who he was while outside the house. He then he went inside, alarm blaring, (no announcement) armed, and dressed in dark clothes and the home owner took him for an intruder. The jury made the correct decision. Also, keep in mind the prosecutor upgraded the charges from second-degree manslaughter to murder.

I would agree it was not murder, but manslaughter. A real shame he was overcharged.

A terrible tragedy that we lost a good guy.

[srothstein]

"a Texas Ranger and a police trainee who were on the scene told defense lawyers it was possible that he did not hear Heidelberg’s announcement" - So, the policemen announced who he was while outside the house. He then he went inside, alarm blaring, (no announcement) armed, and dressed in dark clothes and the home owner took him for an intruder. The jury made the correct decision. Also, keep in mind the prosecutor upgraded the charges from second-degree manslaughter to murder.

I would agree it was not murder, but manslaughter. A real shame he was overcharged.

A terrible tragedy that we lost a good guy.

I am not sure it was manslaughter, but it is debatable. It was at least criminally negligent homicide. The difference between the two is the culpable mental state. Manslaughter requires recklessness, which means he knew of a risk and disregarded it. Negligence means he should have known of the risk and disregarded it. They are both felonies, but negligent homicide is at the state jail level while manslaughter is a second degree.

It is a shame we changed murder to include what used to be voluntary manslaughter and did away with the involuntary manslaughter charge. I don't remember the exact specifics, but involuntary manslaughter might have been a better fit.

Did the judge allow the jury to consider lesser included offenses? Did the instructions go over these differences? If he did, there may be more to the story than the media is giving us because most Texas juries would have convicted of the criminally negligent offense at the least, I think.

[Pilgrim]

I hate that this happened for all parties. It has happened before and will probably happen again. I come up with stupid ideas and this may be one of them. It is ok for me to call it stupid but nobody else call it stupid. Use another word like that was a creative idea. But here it goes. What if our police officers wore flashing red and blue lights in these kinds of circumstances? Everyone recognizes police light colors and it may save the life of one of our honored police officers and allow him to go home to his family.

[carlson1]

When we went a house we called out, “State Police” hundreds of times while inside of a building or residence. Calling out one time outside is just not enough.

[Pilgrim]

When we went a house we called out, “State Police” hundreds of times while inside of a building or residence. Calling out one time outside is just not enough.

Good point. Thank you for your law enforcement work!