TX: David Wilson, who Shot and Killed Officer, Acquitted after Jury Trial

[MechAg94]

https://www.ammoland.com/2021/12/tx-david-wilson-who-shot-and-killed-officer-acquitted-after-jury-trial/#axzz7FDYN5MK3

Looked like an interesting case.  I don't think we ever talked about it.

U.S.A. –-(AmmoLand.com)- On March 5, 2019, Officer Nathan Heidelberg and another officer responded to an alarm call at about 1:16 a.m. The officers checked the backyard of the residence. They did not find a problem. The residence is a large single-family home with outbuildings. Then the officers checked the front door. They found it was unlocked. An alarm went off. The officers backed off.

Then Officer Heidelberg announced himself and attempted to enter the residence. The homeowner, David Charles Wilson, now alerted, fired a shot in the direction of the front door. The shot struck Officer Heidelberg.

I think acquittal was the right decision.  Probably should never have gone to trial. 

Police need to be more aware that people are not going to hear you the first time you call out they are hard asleep in the middle of the night.  An unlocked door does not mean they can come in and multiple attempts to wake up the residents need to be made.  I am thinking we have seen other incidents under similar circumstances. 

Also, lock you doors. 

[230RN]

No sense second-guessing a jury which heard all the presented evidence, but "Know your target and what lies beyond" comes to mind.

I agree, though, from what I've heard and read, that stage-whispering a warning has to stop in the case of no-knock and low-knock warrants. (Not that this was probably the case, but I guess that's partly what the OP is referring to.)

And from the PD's point of view, this was indeed a case that had to go to trial. Just enough Qs in both directions that it had to be settled by a jury.

         

Although "justice is blind," I'd like to see some representation in those scales as to how much justice costs in green dollars.

It's your $300 per billable hour attorney versus a whole team of salaried government attorneys.

[HankB]

Over the past 25 years I've lived here in Central Texas, there have been multiple cases in Texas where bad guys break into a house and announce as police. Sometimes they've been wearing police gear or a shirt emblazoned with the word "POLICE."  Fortunately it doesn't happen very often. But it does mean that mere "announcement" at zero dark thirty really isn't sufficient to establish that the intruders are GENUINE police with lawful probable cause or serving a lawful warrant.

In this case, it would appear that whatever the facts were (which none of us know in their entirety) there was enough uncertainty to establish reasonable doubt in the jury.

Despite what police and prosecutors may say, juries tend to get things right more often than not.

[MechAg94]

No sense second-guessing a jury which heard all the presented evidence, but "Know your target and what lies beyond" comes to mind.

I agree, though, from what I've heard and read, that stage-whispering a warning has to stop in the case of no-knock and low-knock warrants. (Not that this was probably the case, but I guess that's partly what the OP is referring to.)

And from the PD's point of view, this was indeed a case that had to go to trial. Just enough Qs in both directions that it had to be settled by a jury.

         

Although "justice is blind," I'd like to see some representation in those scales as to how much justice costs in green dollars.

Maybe some compensation for legal fees if you are acquitted?  That might also get the attention of prosecutors going after people for political reasons.   

My point was that officers need to yell out multiple times.  Just because they did it once doesn't mean sleeping people heard them.  Also, they need to understand that homeowners are going to be armed when they are woke in the middle of the night.  They might not react well to people in their house and they can't see your uniform/badge.  Don't go barging in the house and don't start shooting through windows because you see a gun. 

Maybe they could come up with some hockey puck device they can toss in that alarms and says "This is a Police Patrol."  Should be okay as long as they don't paint circles on the wall. 

[230RN]

"Maybe some compensation for legal fees if you are acquitted?  That might also get the attention of prosecutors going after people for political reasons. "

Of course I thought of that.  But awarding "court costs and attorney's fees" is a crap shoot anyhow, and of course, government entities can "afford" costs like that.

In sum, "Justice costs."

And as has been asked several hundred times in prominent cases of "announced" raids that went supernova,  "Why can't they just nab the guy off the street and gather evidence the conventional way instead of busting in before it can be flushed?"

Not directly applicable to this particular case, but this case has opened up questions like that, as noted by the OP.

Maybe I should add, "Injustice hurts."

[MechAg94]

I wasn't intending to rant at you.  Cases like this trigger me a bit I guess.  They seem entirely preventable if officer would think more on what they are doing in the middle of the night. 

I wasn't there and hope I never will be.

[230RN]

I didn't think ou were ranting at me, I just quoted you for relevance.

"Of course I thought of that..." was perhaps harsh-sounding.  I apologize.

I went back and struck that clause.

[bedlamite]

Maybe they could come up with some hockey puck device they can toss in that alarms and says "This is a Police Patrol."  Should be okay as long as they don't paint circles on the wall.

Negative. I am a meat popsicle.