Homeowner shoot intruder, happens to be Cop responding

That sucks and as usual the stellar reporting doesn’t attempt to answer how!! Way to much left open for the imagination.

pjzwtl said:

That sucks and as usual the stellar reporting doesn’t attempt to answer how!! Way to much left open for the imagination.

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Clear as mud as usual.

Supposedly at the home for an alarm call around 1am.
Weird = "Shortly after that, another officer on scene heard a shot fired. The officer asked Heidelberg if he was okay, to which Heidelberg responded that he was okay. That officer then heard another noise and found that Heidelberg had been shot and was lying face down."

Another noise?

Affidavit released on Midland police officer shooting

It does suck for both, but he got the draw on a LEO? Impressive. Sad, but impressive.

Why was he arrested? It's no different than a oopsie when an LEO does it.

They indicted him, trial coming.

I’d have killed the homeowner if I was the partner.

Willjr75 said:

Why was he arrested? It's no different than a oopsie when an LEO does it.

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It’s tragic in either case but that thought went through my mind also.

GoodGuywitha9mm said:

It does suck for both, but he got the draw on a LEO? Impressive. Sad, but impressive.

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Got the draw on him? This wasn’t a showdown. If I’m in a corner with a gun waiting and shoot at the first thing I see It’s not impressive.

Airborneguy said:

I’d have killed the homeowner if I was the partner.

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Why?

Unless I was around the corner, didn’t witness it and got there and the guy was bawling and the situation was clear, that’s just what I would do. Just being honest.

Where I work we typically stay together on burglary alarm calls, so I’d have witnessed this and shot the guy immediately.

Unless there is a lot more to this story its a bullshit vengeful arrest.
Robin

Robin said:

Unless there is a lot more to this story its a bullshit vengeful arrest.
Robin

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Sounds like the deceased officer announced himself, was shot at, reported ok and then was shot at again. That’s likely where the charges come from. Also why i said I’d have killed the shooter. At that point we’d be going in to kill whoever was shooting from inside.

Airborneguy said:

Sounds like the deceased officer announced himself, was shot at, reported ok and then was shot at again. That’s likely where the charges come from. Also why i said I’d have killed the shooter. At that point we’d be going in to kill whoever was shooting from inside.

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Lots of possibilities with this one. You are closer to this kind of thing than I am and I do believe you. After that, I won't expand on any of it. Write it and regret it.
Robin

pjzwtl said:

That sucks and as usual the stellar reporting doesn’t attempt to answer how!! Way to much left open for the imagination.

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I'm sure that's part of the plan.

Airborneguy said:

Sounds like the deceased officer announced himself, was shot at, reported ok and then was shot at again. That’s likely where the charges come from. Also why i said I’d have killed the shooter. At that point we’d be going in to kill whoever was shooting from inside.

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Which is why I’m in favor of mandatory body cams to prevent or hopefully deter things like revenge killings if it was an actual mistake.

I'd like to hear more about the story before I made any personal judgment calls on this one.

We have no way of knowing if the cop announced himself or not. maybe yes, maybe no, a recording would be nice.

Willjr75 said:

Which is why I’m in favor of mandatory body cams to prevent or hopefully deter things like revenge killings if it was an actual mistake.

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I didnt see anything about "revenge" in the post you quoted and AG is very much on record as being in favor of body cams.

BDinPutnam said:

I didnt see anything about "revenge" in the post you quoted and AG is very much on record as being in favor of body cams.

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Well he’s said it before in another thread. We were talking about comradery in another thread regarding a similar situation and I understood . I had mentioned what about my comradery if my wife was shot from a no knock warrant by accident. I should be able to do the same.

I think body cams limit that.

Know your target....

Degenret said:

We have no way of knowing if the cop announced himself or not. maybe yes, maybe no, a recording would be nice.

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It doesn't actually matter if he announced himself, what matters is whether the homeowner heard him. The standard is whether a "reasonable person" would be in fear of their life or serious injury. If he didn't hear him announce, then it can't have affected whether he was reasonably in fear or not.

While I don't have enough information to make an informed opinion on this one, unless they can come up with some motive why he would have shot knowing he was a cop I think we have to assume he didn't realize who he was shooting.

OTOH, shooting someone without identifying your target is a big no no.

Bottom line, barring additional information, the guy should be charged with exactly the same thing the officer would have been charged with if he had shot the homeowner instead. Given the chaotic situation murder or manslaughter may be a bit much, do they have the equivalent of criminally negligent homicide down there ?

Really, our laws regarding self defense are terrible. I am not a fan of any law that requires a jury to decide what a "reasonable person" would do, self defense is even worse, it depends on what a "reasonable person" would *feel*.

There *should* be a much more objective standard that applies uniformly for cops and the rest of us equally, and doesn't depend on a jury to imagine what a mythical "reasonable person" would do or think.

According to an affidavit, Officer Heidelberg and another other responded to a home on Eagle Cove in North Midland just after 1 a.m. for an Alarm call.

When the officers arrived, they walked around the home and reportedly found nothing out of the ordinary until they noticed that the front door was open. Heidelberg notified dispatch about the door.

Two other police officers arrived at the address at the time that Officer Heidelberg announced his presence to anyone who may have been inside of the home.

Shortly after that, another officer on scene heard a shot fired. The officer asked Heidelberg if he was okay, to which Heidelberg responded that he was okay.

That officer then heard another noise and found that Heidelberg had been shot and was lying face down. Life-saving measures were performed until Heidelberg could be taken to Midland Memorial Hospital where he died from his injuries.


Definitely not enough information to make a solid call. The man was in his own home and killed an intruder who happened to be a cop.Unless there is evidence to suggest he had reason to kill an officer , I don't think he should have been charged. Now if the cop car was parked in full view of the front door , and he opened the door while the cops were in the back He would have seen that the police were there and should have been much more cautious, Yes than I can see him being charged for being an idiot.

""Another noise""? Was it a shot or not? are there two spent shells or not? Did he fire twice or not? This is a weird one.

If I were the homeowner I would use the "Joe Biden defense" and say that I was just shooting through the door. Biden did once say, "[If] you want to keep someone away from your house, just fire the shotgun through the door."