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Old December 23, 2021, 09:36 PM   #5
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 18,457
I wasn't in the courtroom and I'm not a lawyer. That said, I don't understand how it's proper that she was convicted on both first and second degree manslaughter. I would have expected that the second degree charge was a fall-back, in case the jury didn't want to convict on the first degree charge. I know they are on the books as two separate crimes, but I have to say that this strikes me as being a case of double jeopardy.

Prior to reading the third article about the verdict, my opinion was that the first degree charge should result in an acquittal, and that the second degree charge should stick. However, from articles around the time of the shooting I somehow had the impression that she wore her taser and her firearm on the same side, which could certainly lead to confusion under high stress (as well as being contrary to what I have always read about the wearing of tasers by police). However, one of the articles about the conviction reported that she wore her duty pistol on the right side and the taser on her left. That -- to me -- makes a rather big difference. It's not like you reached for the taser and missed by a couple of inches and found the firearm. With the taser on the left, it either has to be drawn weak-handed, or cross draw. Either way, it's a VERY different motion.

Bottom line: she screwed up, and someone died as a direct result. That's what negligent homicide is about. I agree that she should have been convicted of something, but I still don't think she should have been convicted of both charges.
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