Female police officer mistakenly enters neighbor's apartment, kills male resident
09-20-2018, 10:23 PM
It makes no difference if it was her "usual duty" or not, a cop sitting at a diner having lunch while he is off duty isn't allowed to pretend he doesn't see the place getting robbed if he is in a position to do something about it. Similarly, if she comes back to her place at the end of her shift and sees evidence of a crime committed or in progress (a burglary), she can and would be expected to react accordingly. That she was later proven to be mistaken does not take away from that obligation.
Moreover, I think it is unlikely she engaged in criminal trespass with a firearm since she was acting as a sworn officer under the belief that she was stopping a crime in progress. That she was proven to be mistaken later does not take away from her belief, so long as it can be shown that it was a reasonable one. That question is a matter of fact for the jury to decide.
Based on the facts so far, however, I can't imagine a scenario where she demonstrates a reasonable belief that her life was in danger to the point where deadly force was justifiable.
Moreover, I think it is unlikely she engaged in criminal trespass with a firearm since she was acting as a sworn officer under the belief that she was stopping a crime in progress. That she was proven to be mistaken later does not take away from her belief, so long as it can be shown that it was a reasonable one. That question is a matter of fact for the jury to decide.
Based on the facts so far, however, I can't imagine a scenario where she demonstrates a reasonable belief that her life was in danger to the point where deadly force was justifiable.