Posted on Dec 16, 2016
Not Guilty In Shooting Of Corpus Christi SWAT Officers
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Posted 8 y ago
Responses: 5
Well I am a retired Deputy, but this home owner was with in his rights. The local LEO's can be as mad as they want, were human and make mistakes. Time to own up and move on.
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Capt Gregory Prickett
PO3 Ricky Foster - yeah, I did 20 years with a badge and a gun, but from everything I've seen, this was a train wreck. They didn't do any surveillance and ran a no-knock raid on a bottle of pills, 4-6 small ziplock of coke, and a bowlful of grass. Really? If you have PC for the warrant, you have PC for an arrest. Run a regular warrant (i.e. knock and announce) and don't risk officers lives for a BS amount of dope.
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This is why we use the "what would a reasonable person do" for many criminal offenses, i.e. not usually strict liability. A reasonable person in that situation would have thought his life was in danger by unknown assailants and attempted to defend himself and thus no mens rea.
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that doesnt surprise me in TX, they have some very strong home defense laws. Sometimes stuff hits the fan. This guy was defending his home and his life in his own perception, sounds like a fair legal outcome. The good guys dont always win in court.
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