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Man Shoots At Intruders, Turns Out It Was A No-knock Raid. Now He Faces The Death Penalty

I'm sure that someone had the door covered

You're making too much of this.

IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.
And if not recorded what is the chance the cops would admit they did not identify themselves?

Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.
Stand your ground does not require any such thing. All he has to prove is that he feared for his and his families life as unknown men broke into his house, meaning the cops now have to prove THEY identified themselves in a manner he would have known who they were.


You are ONE HUNDRED PERCENT wrong. Stand your ground is an affirmative defense, it's essentially a self defense claim. You must PROVE that you had legitimate fear. Which means you must PROVE you didn't know it was the police.
You are wrong all one need prove is fear. If the cops claim they identified themselves and he says they did not they need to provide evidence they did in fact identify themselves.


Man come on, use your head for something besides a hat rack here.

That white dude who blew that little girl's face off tried that, did anyone have to prove she wasn't there to rob the place?

When police have a no knock warrant they have a legal right to be in your home (or wherever the warrant is for) and so it is up to you to PROVE they didn't announce.
 
I wasn't there but apparently you were. Fill us in on some details. On the first page I posted:
"According to the arrest affidavit, Guy admitted to police he shot at “a number of persons” outside of residence before being taken into custody Friday.

You say the cops are lying so what is your version and where specifically were you?
Cops were crawling through his window, in Texas stand your ground includes firing on people outside your home. The person in the window and his buddies outside waiting to do the same. The Cops failed to identify themselves, they are at fault not the homeowner.

If you are shooting at suspected home invaders climbing in your window, that makes the others outside "guilty" by association.
Yup if a group of people are outside your window while one is attempting to climb in they are all criminals unless they identified themselves. Further why didn't the dumb ass cops go through the door?


I'm sure that someone had the door covered

You're making too much of this.

IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.

They didn't identify themselves, because they never got fully inside. In raids, they routinely wait until they are inside.


SOP is to announce AS your coming through the door. Of course they don't give warning, that would negate the entire idea of a no knock warrant. Which for the record, I don't approve of no knock warrants.
 
Cops were crawling through his window, in Texas stand your ground includes firing on people outside your home. The person in the window and his buddies outside waiting to do the same. The Cops failed to identify themselves, they are at fault not the homeowner.


If you are shooting at suspected home invaders climbing in your window, that makes the others outside "guilty" by association.
Yup if a group of people are outside your window while one is attempting to climb in they are all criminals unless they identified themselves. Further why didn't the dumb ass cops go through the door?


I'm sure that someone had the door covered

You're making too much of this.

IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.
And if not recorded what is the chance the cops would admit they did not identify themselves?

Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.

I'll go further, let's compare this to the situation where that retard shot the black girl who was banging on his door. He was rightfully convicted, the jury denied his claims of self defense, but he couldn't prove that he feared for his safety. Simply saying " I was skurred I was gonna die" isn't enough, self defense is an affirmative defense, meaning you have to PROVE you were scared for your life.
on that I differ with you...they are totally different cases and also totally different states with their own laws, Texas with a liberal Stand your Ground law...

On top of this, someone KNOCKING ON YOUR Door, is NOT IN ANY WAY the same thing as BREAKING THROUGH your window....

there is no good reason for anyone to NOT reasonably think the people breaking through their window, at 5:30am, are anything other than burglars or robbers and or murderers......unless the police identified themselves clearly before he began shooting...this man should not be charged in this case, in my humble opinion, from what little facts I do know on it.
 
Dear Smarter and Retired: I think you are BOTH right.
Yes the laws may say this and that, and put the burden here or there.
In REALITY it's the public perception and what the juries can follow.

We are supposed to be innocent until proven guilty.
But if people don't think you are credible and cannot relate to you,
you may end up having to PROVE your case more proactively.

People are human and not perfect. You are both right,
regardless what the law says, if people believe you then you don't bear as much
burden but if they don't you may have to prove your position whether or not this is technically required.

I'm still curious about what the law says in each state,
but understand it can be interpreted and applied differently
per circumstance, depending on people's responses.

Yup if a group of people are outside your window while one is attempting to climb in they are all criminals unless they identified themselves. Further why didn't the dumb ass cops go through the door?


I'm sure that someone had the door covered

You're making too much of this.

IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.
And if not recorded what is the chance the cops would admit they did not identify themselves?

Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.
Stand your ground does not require any such thing. All he has to prove is that he feared for his and his families life as unknown men broke into his house, meaning the cops now have to prove THEY identified themselves in a manner he would have known who they were.


You are ONE HUNDRED PERCENT wrong. Stand your ground is an affirmative defense, it's essentially a self defense claim. You must PROVE that you had legitimate fear. Which means you must PROVE you didn't know it was the police.
 
Cops were crawling through his window, in Texas stand your ground includes firing on people outside your home. The person in the window and his buddies outside waiting to do the same. The Cops failed to identify themselves, they are at fault not the homeowner.


If you are shooting at suspected home invaders climbing in your window, that makes the others outside "guilty" by association.
Yup if a group of people are outside your window while one is attempting to climb in they are all criminals unless they identified themselves. Further why didn't the dumb ass cops go through the door?


I'm sure that someone had the door covered

You're making too much of this.

IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.
And if not recorded what is the chance the cops would admit they did not identify themselves?

Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.

I'll go further, let's compare this to the situation where that retard shot the black girl who was banging on his door. He was rightfully convicted, the jury denied his claims of self defense, but he couldn't prove that he feared for his safety. Simply saying " I was skurred I was gonna die" isn't enough, self defense is an affirmative defense, meaning you have to PROVE you were scared for your life.

How does one prove they were afraid?
 
If an armed intruder came crashing though my window at 5:30 in the morning, I would immediately conclude that I was in danger and take action to defend myself.

Had they found a meth lab or a drug distribution operation, it could be reasonably assumed that the resident should have some inkling or expectation that a covert visitation by a SWAT team is a possibility.

That not being the case, this is IMO, given only that facts at hand presently, a case of self defense.

The unfortunate reality is that it is doubtful that a high caliber lawyer is going to take a case involving the death of a police officer on a pro bono basis.

And this Guy is going to need top notch legal defense.

I'll be keeping my eye on developments in this case, and if the facts as presented currently bare out over time, I will be inclined to donate to this man's defense.
 
If you are shooting at suspected home invaders climbing in your window, that makes the others outside "guilty" by association.
Yup if a group of people are outside your window while one is attempting to climb in they are all criminals unless they identified themselves. Further why didn't the dumb ass cops go through the door?


I'm sure that someone had the door covered

You're making too much of this.

IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.
And if not recorded what is the chance the cops would admit they did not identify themselves?

Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.

I'll go further, let's compare this to the situation where that retard shot the black girl who was banging on his door. He was rightfully convicted, the jury denied his claims of self defense, but he couldn't prove that he feared for his safety. Simply saying " I was skurred I was gonna die" isn't enough, self defense is an affirmative defense, meaning you have to PROVE you were scared for your life.
on that I differ with you...they are totally different cases and also totally different states with their own laws, Texas with a liberal Stand your Ground law...

On top of this, someone KNOCKING ON YOUR Door, is NOT IN ANY WAY the same thing as BREAKING THROUGH your window....

there is no good reason for anyone to NOT reasonably think the people breaking through their window, at 5:30am, are anything other than burglars or robbers and or murderers......unless the police identified themselves clearly before he began shooting...this man should not be charged in this case, in my humble opinion, from what little facts I do know on it.

UNLESS those people are screaming "police police police" as they do so. That changes things.

Although

Man Shoots At Intruders Turns Out It Was A No-knock Raid. Now He Faces The Death Penalty Page 6 US Message Board - Political Discussion Forum

is also true to, because the key is a jury . They are the ones you must convince that you had a reasonable fear. But that was my point, you have to PROVE you had a reasonable fear, which means you have to PROVE you didn't think it was the cops. Retired is WRONG, the state doesn't have to prove they were identifying themselves. Now, most of the time they WILL do so , just to go ahead and hammer that last nail in place, but they don't have to.

If they don't prove the police announced and the defense just remains silent on the matter any reasonable jury is going to assume that they announced. Wouldn't you? That's why self defense is an affirmative defense, you have to PROVE self defense, which in this case means proving you didn't know you were shooting at police.
 
If you are shooting at suspected home invaders climbing in your window, that makes the others outside "guilty" by association.
Yup if a group of people are outside your window while one is attempting to climb in they are all criminals unless they identified themselves. Further why didn't the dumb ass cops go through the door?


I'm sure that someone had the door covered

You're making too much of this.

IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.
And if not recorded what is the chance the cops would admit they did not identify themselves?

Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.

I'll go further, let's compare this to the situation where that retard shot the black girl who was banging on his door. He was rightfully convicted, the jury denied his claims of self defense, but he couldn't prove that he feared for his safety. Simply saying " I was skurred I was gonna die" isn't enough, self defense is an affirmative defense, meaning you have to PROVE you were scared for your life.

How does one prove they were afraid?

You of course don't prove it, you merely convince a jury of it.
 
So SWAT is so efficient they can't even make it to somebody's window at 5:30 in the morning without them getting a drop on them. :laugh:

If the guy said that he shot people outside the window, the cops just twisted his language. He probably said yea, the guy was a little bit outside the window (climbing in), and the cops twist that to make it sound like he was shooting them on the street.
I wasn't there but apparently you were. Fill us in on some details. On the first page I posted:
"According to the arrest affidavit, Guy admitted to police he shot at “a number of persons” outside of residence before being taken into custody Friday.

You say the cops are lying so what is your version and where specifically were you?

Cops were crawling through his window, in Texas stand your ground includes firing on people outside your home. The person in the window and his buddies outside waiting to do the same. The Cops failed to identify themselves, they are at fault not the homeowner.




Yes in stand your ground states it doesn't matter where the person is. What matters is that the person with the gun feels threatened. That's it.

If the police didn't identify themselves then according to the law, that homeowner has the right to shoot them. Which he did.

What did those cops expect? They went through a window at 5:30 in morning. If you wake someone by climbing through their window at 5:30 in the morning, you better expect to be shot at. Especially in Texas.

This no knock policy is stupid. It's getting people killed needlessly.

Plus why didn't those cops do some investigation? They seem to have taken the lazy route and just went by the word of an informant. If they had done some investigation they would have found that there wasn't any drugs or drug dealing going on at that house.

A police was needlessly killed and others needlessly injured.
 
Yup if a group of people are outside your window while one is attempting to climb in they are all criminals unless they identified themselves. Further why didn't the dumb ass cops go through the door?


I'm sure that someone had the door covered

You're making too much of this.

IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.
And if not recorded what is the chance the cops would admit they did not identify themselves?

Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.

I'll go further, let's compare this to the situation where that retard shot the black girl who was banging on his door. He was rightfully convicted, the jury denied his claims of self defense, but he couldn't prove that he feared for his safety. Simply saying " I was skurred I was gonna die" isn't enough, self defense is an affirmative defense, meaning you have to PROVE you were scared for your life.
on that I differ with you...they are totally different cases and also totally different states with their own laws, Texas with a liberal Stand your Ground law...

On top of this, someone KNOCKING ON YOUR Door, is NOT IN ANY WAY the same thing as BREAKING THROUGH your window....

there is no good reason for anyone to NOT reasonably think the people breaking through their window, at 5:30am, are anything other than burglars or robbers and or murderers......unless the police identified themselves clearly before he began shooting...this man should not be charged in this case, in my humble opinion, from what little facts I do know on it.

UNLESS those people are screaming "police police police" as they do so. That changes things.

Although

Man Shoots At Intruders Turns Out It Was A No-knock Raid. Now He Faces The Death Penalty Page 6 US Message Board - Political Discussion Forum

is also true to, because the key is a jury . They are the ones you must convince that you had a reasonable fear. But that was my point, you have to PROVE you had a reasonable fear, which means you have to PROVE you didn't think it was the cops. Retired is WRONG, the state doesn't have to prove they were identifying themselves. Now, most of the time they WILL do so , just to go ahead and hammer that last nail in place, but they don't have to.

If they don't prove the police announced and the defense just remains silent on the matter any reasonable jury is going to assume that they announced. Wouldn't you? That's why self defense is an affirmative defense, you have to PROVE self defense, which in this case means proving you didn't know you were shooting at police.

It would be reasonable to assume, and I assume that now that they did not identify themselves and would not have until they had ability to move inside the house, because that is what it appears to me is meant by "no knock" raid. If they shout "police" before they enter, what is the point of there being a knock or not a knock and saying it was a "no knock" raid?
 
Cops were crawling through his window, in Texas stand your ground includes firing on people outside your home. The person in the window and his buddies outside waiting to do the same. The Cops failed to identify themselves, they are at fault not the homeowner.


If you are shooting at suspected home invaders climbing in your window, that makes the others outside "guilty" by association.
Yup if a group of people are outside your window while one is attempting to climb in they are all criminals unless they identified themselves. Further why didn't the dumb ass cops go through the door?


I'm sure that someone had the door covered

You're making too much of this.

IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.
And if not recorded what is the chance the cops would admit they did not identify themselves?

Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.

I'll go further, let's compare this to the situation where that retard shot the black girl who was banging on his door. He was rightfully convicted, the jury denied his claims of self defense, but he couldn't prove that he feared for his safety. Simply saying " I was skurred I was gonna die" isn't enough, self defense is an affirmative defense, meaning you have to PROVE you were scared for your life.

Because there is no reason to be that afraid of someone who is staying outside and only banging and only an unarmed young girl. However, why wouldn't you be afraid for your life when an unknown intruder is breaking in your window at 5:30AM?
 
If you are shooting at suspected home invaders climbing in your window, that makes the others outside "guilty" by association.
Yup if a group of people are outside your window while one is attempting to climb in they are all criminals unless they identified themselves. Further why didn't the dumb ass cops go through the door?


I'm sure that someone had the door covered

You're making too much of this.

IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.
And if not recorded what is the chance the cops would admit they did not identify themselves?

Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.
Stand your ground does not require any such thing. All he has to prove is that he feared for his and his families life as unknown men broke into his house, meaning the cops now have to prove THEY identified themselves in a manner he would have known who they were.




It seems to me if the person knew they were the police they wouldn't have shot at them. As the report says, the house was searched. No drugs were found and no evidence of any drug dealing was found.

So that person didn't have any reason to fear the police and shoot them.
 
Lots of speculation going on here. Whether you agree with the law or not is irrelevant and a judge had to sign off on the warrant and would have had a reason to. Plus you all know Texas law better than the prosecutor. That's special.
 
So SWAT is so efficient they can't even make it to somebody's window at 5:30 in the morning without them getting a drop on them. :laugh:

If the guy said that he shot people outside the window, the cops just twisted his language. He probably said yea, the guy was a little bit outside the window (climbing in), and the cops twist that to make it sound like he was shooting them on the street.
I wasn't there but apparently you were. Fill us in on some details. On the first page I posted:
"According to the arrest affidavit, Guy admitted to police he shot at “a number of persons” outside of residence before being taken into custody Friday.

You say the cops are lying so what is your version and where specifically were you?

Cops were crawling through his window, in Texas stand your ground includes firing on people outside your home. The person in the window and his buddies outside waiting to do the same. The Cops failed to identify themselves, they are at fault not the homeowner.




Yes in stand your ground states it doesn't matter where the person is. What matters is that the person with the gun feels threatened. That's it.

If the police didn't identify themselves then according to the law, that homeowner has the right to shoot them. Which he did.

What did those cops expect? They went through a window at 5:30 in morning. If you wake someone by climbing through their window at 5:30 in the morning, you better expect to be shot at. Especially in Texas.

This no knock policy is stupid. It's getting people killed needlessly.

Plus why didn't those cops do some investigation? They seem to have taken the lazy route and just went by the word of an informant. If they had done some investigation they would have found that there wasn't any drugs or drug dealing going on at that house.

A police was needlessly killed and others needlessly injured.

Didn't it use to be that an undercover cop had to actually make a drug purchase somewhere before they raided it? Seems like they could at least do a stake-out.
 
If you are shooting at suspected home invaders climbing in your window, that makes the others outside "guilty" by association.
Yup if a group of people are outside your window while one is attempting to climb in they are all criminals unless they identified themselves. Further why didn't the dumb ass cops go through the door?


I'm sure that someone had the door covered

You're making too much of this.

IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.
And if not recorded what is the chance the cops would admit they did not identify themselves?

Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.

I'll go further, let's compare this to the situation where that retard shot the black girl who was banging on his door. He was rightfully convicted, the jury denied his claims of self defense, but he couldn't prove that he feared for his safety. Simply saying " I was skurred I was gonna die" isn't enough, self defense is an affirmative defense, meaning you have to PROVE you were scared for your life.

Because there is no reason to be that afraid of someone who is staying outside and only banging and only an unarmed young girl. However, why wouldn't you be afraid for your life when an unknown intruder is breaking in your window at 5:30AM?

Not to argue with the verdict passed, but how would the guy have known she was unarmed?
 
I'm sure that someone had the door covered

You're making too much of this.

IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.
And if not recorded what is the chance the cops would admit they did not identify themselves?

Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.

I'll go further, let's compare this to the situation where that retard shot the black girl who was banging on his door. He was rightfully convicted, the jury denied his claims of self defense, but he couldn't prove that he feared for his safety. Simply saying " I was skurred I was gonna die" isn't enough, self defense is an affirmative defense, meaning you have to PROVE you were scared for your life.
on that I differ with you...they are totally different cases and also totally different states with their own laws, Texas with a liberal Stand your Ground law...

On top of this, someone KNOCKING ON YOUR Door, is NOT IN ANY WAY the same thing as BREAKING THROUGH your window....

there is no good reason for anyone to NOT reasonably think the people breaking through their window, at 5:30am, are anything other than burglars or robbers and or murderers......unless the police identified themselves clearly before he began shooting...this man should not be charged in this case, in my humble opinion, from what little facts I do know on it.

UNLESS those people are screaming "police police police" as they do so. That changes things.

Although

Man Shoots At Intruders Turns Out It Was A No-knock Raid. Now He Faces The Death Penalty Page 6 US Message Board - Political Discussion Forum

is also true to, because the key is a jury . They are the ones you must convince that you had a reasonable fear. But that was my point, you have to PROVE you had a reasonable fear, which means you have to PROVE you didn't think it was the cops. Retired is WRONG, the state doesn't have to prove they were identifying themselves. Now, most of the time they WILL do so , just to go ahead and hammer that last nail in place, but they don't have to.

If they don't prove the police announced and the defense just remains silent on the matter any reasonable jury is going to assume that they announced. Wouldn't you? That's why self defense is an affirmative defense, you have to PROVE self defense, which in this case means proving you didn't know you were shooting at police.

It would be reasonable to assume, and I assume that now that they did not identify themselves and would not have until they had ability to move inside the house, because that is what it appears to me is meant by "no knock" raid. If they shout "police" before they enter, what is the point of there being a knock or not a knock and saying it was a "no knock" raid?

Even in a no knock, the police MUST identify themselves AS they make entry. That literally means as they are kicking the door down.
 
Yup if a group of people are outside your window while one is attempting to climb in they are all criminals unless they identified themselves. Further why didn't the dumb ass cops go through the door?


I'm sure that someone had the door covered

You're making too much of this.

IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.
And if not recorded what is the chance the cops would admit they did not identify themselves?

Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.

I'll go further, let's compare this to the situation where that retard shot the black girl who was banging on his door. He was rightfully convicted, the jury denied his claims of self defense, but he couldn't prove that he feared for his safety. Simply saying " I was skurred I was gonna die" isn't enough, self defense is an affirmative defense, meaning you have to PROVE you were scared for your life.

Because there is no reason to be that afraid of someone who is staying outside and only banging and only an unarmed young girl. However, why wouldn't you be afraid for your life when an unknown intruder is breaking in your window at 5:30AM?

Not to argue with the verdict passed, but how would the guy have known she was unarmed?

If he didn't know, he shouldn't have fired.
 
Yup if a group of people are outside your window while one is attempting to climb in they are all criminals unless they identified themselves. Further why didn't the dumb ass cops go through the door?


I'm sure that someone had the door covered

You're making too much of this.

IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.
And if not recorded what is the chance the cops would admit they did not identify themselves?

Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.
Stand your ground does not require any such thing. All he has to prove is that he feared for his and his families life as unknown men broke into his house, meaning the cops now have to prove THEY identified themselves in a manner he would have known who they were.




It seems to me if the person knew they were the police they wouldn't have shot at them. As the report says, the house was searched. No drugs were found and no evidence of any drug dealing was found.

So that person didn't have any reason to fear the police and shoot them.

I'm retired Military Police, and I dealt with a lot of people who either did nothing wrong, or did something relatively minor and just flipped out when we encountered them.

Think about your own self for a moment, don't you get that little nervous "oh what did i do, am I in trouble" when the police pull you over? Of course you do, and some people react BADLY to that, and turn a simple situation into something deadly.

And it isn't entirely out of the realm of possibility that this guy just simply didn't hear the shouts of "police police" , again it happens. It's unfortunate that he shot and killed an officer, but those are the risks you take when you pick up a weapon.
 
And if not recorded what is the chance the cops would admit they did not identify themselves?

Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.

I'll go further, let's compare this to the situation where that retard shot the black girl who was banging on his door. He was rightfully convicted, the jury denied his claims of self defense, but he couldn't prove that he feared for his safety. Simply saying " I was skurred I was gonna die" isn't enough, self defense is an affirmative defense, meaning you have to PROVE you were scared for your life.
on that I differ with you...they are totally different cases and also totally different states with their own laws, Texas with a liberal Stand your Ground law...

On top of this, someone KNOCKING ON YOUR Door, is NOT IN ANY WAY the same thing as BREAKING THROUGH your window....

there is no good reason for anyone to NOT reasonably think the people breaking through their window, at 5:30am, are anything other than burglars or robbers and or murderers......unless the police identified themselves clearly before he began shooting...this man should not be charged in this case, in my humble opinion, from what little facts I do know on it.

UNLESS those people are screaming "police police police" as they do so. That changes things.

Although

Man Shoots At Intruders Turns Out It Was A No-knock Raid. Now He Faces The Death Penalty Page 6 US Message Board - Political Discussion Forum

is also true to, because the key is a jury . They are the ones you must convince that you had a reasonable fear. But that was my point, you have to PROVE you had a reasonable fear, which means you have to PROVE you didn't think it was the cops. Retired is WRONG, the state doesn't have to prove they were identifying themselves. Now, most of the time they WILL do so , just to go ahead and hammer that last nail in place, but they don't have to.

If they don't prove the police announced and the defense just remains silent on the matter any reasonable jury is going to assume that they announced. Wouldn't you? That's why self defense is an affirmative defense, you have to PROVE self defense, which in this case means proving you didn't know you were shooting at police.

It would be reasonable to assume, and I assume that now that they did not identify themselves and would not have until they had ability to move inside the house, because that is what it appears to me is meant by "no knock" raid. If they shout "police" before they enter, what is the point of there being a knock or not a knock and saying it was a "no knock" raid?

Even in a no knock, the police MUST identify themselves AS they make entry. That literally means as they are kicking the door down.

You are talking about when a door opens suddenly, and they have immediate access which all happens at once and cannot be compared to them climbing in the window which takes considerable time.
 
Yup if a group of people are outside your window while one is attempting to climb in they are all criminals unless they identified themselves. Further why didn't the dumb ass cops go through the door?


I'm sure that someone had the door covered

You're making too much of this.

IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.
And if not recorded what is the chance the cops would admit they did not identify themselves?

Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.

I'll go further, let's compare this to the situation where that retard shot the black girl who was banging on his door. He was rightfully convicted, the jury denied his claims of self defense, but he couldn't prove that he feared for his safety. Simply saying " I was skurred I was gonna die" isn't enough, self defense is an affirmative defense, meaning you have to PROVE you were scared for your life.
on that I differ with you...they are totally different cases and also totally different states with their own laws, Texas with a liberal Stand your Ground law...

On top of this, someone KNOCKING ON YOUR Door, is NOT IN ANY WAY the same thing as BREAKING THROUGH your window....

there is no good reason for anyone to NOT reasonably think the people breaking through their window, at 5:30am, are anything other than burglars or robbers and or murderers......unless the police identified themselves clearly before he began shooting...this man should not be charged in this case, in my humble opinion, from what little facts I do know on it.

UNLESS those people are screaming "police police police" as they do so. That changes things.

Although

Man Shoots At Intruders Turns Out It Was A No-knock Raid. Now He Faces The Death Penalty Page 6 US Message Board - Political Discussion Forum

is also true to, because the key is a jury . They are the ones you must convince that you had a reasonable fear. But that was my point, you have to PROVE you had a reasonable fear, which means you have to PROVE you didn't think it was the cops. Retired is WRONG, the state doesn't have to prove they were identifying themselves. Now, most of the time they WILL do so , just to go ahead and hammer that last nail in place, but they don't have to.

If they don't prove the police announced and the defense just remains silent on the matter any reasonable jury is going to assume that they announced. Wouldn't you? That's why self defense is an affirmative defense, you have to PROVE self defense, which in this case means proving you didn't know you were shooting at police.



No I wouldn't assume that at all.

The fact that the house was searched and no drugs or drug dealing found, shows that the owner of that house had no reason to be afraid of the police and shoot them.

Since there was nothing illegal going on at that house, there is no reason for the homeowner to be afraid of the police coming into their home.

If I was on that jury I wouldn't find that homeowner guilty.

When some stranger is coming through your window in the dark at 5:30 in the morning, that person isn't there for a friendly visit. Plus I don't know about you, but I've never heard of police going through a window.

They go through doors.

They cover all the exits including windows but I've never heard of the police raiding a house by going through a window in the dark at 5:30 in the morning.
 

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