gitana1
Verified Attorney
- Joined
- May 31, 2005
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Yeah I know what burglary is and I'm contending that's what she did. At the point she was at the door and realized this wasn't her apt, pulled her gun out, and walked in and shot him. That's exactly what it was. The only way it isn't is if you buy her defense that she thought it was her apt and he was an intruder. Which imo is completely unreasonable.
Oh. I see!
I don't think she knew it wasn't her place when she shot him. I was open to the idea but there's been no evidence presented thus far.
But you bring up something important. The defense is certainly "mistake of fact". But how they refute that defense is indeed by showing the mistake she made wasn't a reasonable one.
Being an unreasonable "mistake" doesn't mean it wasn't a mistake and was instead an intentional act, but it does mean that it's not a viable defense.
So if she was careless, reckless, negligent, in assuming it was her place, entering that apartment and firing her gun, then the mistake was unreasonable and the defense fails.
So far that's where I'm at. The bright red mat. The open air parking level. The bright lights at eye level showing a different apartment number, the fact that her keys fit but wouldn't have turned the tumbler, etc., the rapid manner in which she shot the seated "intruder", all indicate to me she was unreasonably distracted and lacked reasonable caution.