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Tue Sep 25 2018   Kingston, NY
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You're ignoring the fact she has a story. If her story was true and she really thought she was lawfully in her own apartment, and she truly thinks the guy is an intruder, she has a perfect right to shout commands and react if he doesn't follow them and reaches for something. Just as you could shout commands if you returned home and found an intruder, and shoot that intruder if he made a sudden move towards a potential weapon.
Now I have problems with her story and think it "might" get upgraded to murder if the investigation finds she knew the guy and this was premeditated. But I don't understand why people at this point are skipping over her story to roll around in the sweet certainly of hindsight?
Unless you have evidence she intentionally walked into the wrong apartment (that's your unlawfully), and knew the resident of that apartment belonged there (here comes your no right to shout commands)--then shot him (this is where you get beyond manslaughter) then what are you talking about?
As far as her being in uniform. Depending on the circumstances, she can be considered on-duty if she was taking police action. For instance, if an off-duty officer went into a local store to buy something and walked into a robbery. A shooting takes place and the officer detains a suspect. The Municipality that officer works for may well make the incident an on-duty one since their officer was taking police action at the time.
With this woman--she initially tried to claim she was taking police action--it didn't fly. The practice I just described doesn't cover negligent actions by an officer. Negligent as it stands now--again, this could be more.
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