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lawdawger

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  • lawdawger 

    @Mike, according to you the burden of proof should be on the accused? So essentially what you are saying is that you are "guilty" until proven innocent? Wow, now those aredangerous waters to tread. You really believe that?

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  • lawdawger 

    vet43, agreed. The outcome is disturbing, tragic, horrible, all of the above. Unfortunately, it doesn't necessarily mean it's illegal. It seems you are struggling with the loss of life, like most Americans. No doubt, it's a terrible event, most likely completely avoidable, but nonetheless so far I don't think the leagl community is convinced that Mr. Zimmerman committed a crime. Certainly not a crime that's easily identified nor a crime that can be proven.

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  • lawdawger 

    Brady and Jason you are both correct. The operative words in the Stalking statutes is "on more than one occassion". In addition the police would have to prove beyond a reasonable doubt that Zimmerman had "intent" to commit one of the crimes within the stalking statute. You may not like it, and you may not agree, but Brady hit the nail on the head. Merely being followed gives noone the right to use physical force against another.

    Here is an excerpt from the Texas Attorney General's Homepage:

    Texas Stalking Law

    The law on stalking can be found in Section 42.072 of the Texas penal code.

    How is stalking proven?

    Intent of stalker: Stalker has the intent or the knowledge that his/her actions will instill fear of death or bodily injury to the victim or a member of the victim's family or household. Threats can be explicit (e.g.-stating that he is going to kill the victim) or implied (e.g.-veiled threats, hurting the family pet). Threats have to be aimed at a specific person; they cannot be general threats. Threats may be conveyed by the stalker or by someone acting on behalf of the stalker.
    Conduct of stalker: Conduct has to occur on more than one occasion and be directed towards the victim and/or the victim's family or household members. More than one police report is not required. The acts may include threatening contact by mail or by phone, or damaging the victim's property.

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  • lawdawger 

    Back to my point. Boyett's statement is NOT true.

    Everything may have worked out just hunkydory, GREAT, good for Crick and West HS! I too hope that the child was taken care of, and all is well with the student in need. Nobody is questioning that.

    You all are missing the point.

    VISD spokespersons need to be informed, and they need to be truthful. Lockdowns are not typical when EMS responds to a VISD campus. Interview every administrator in VISD and 99% will tell you that NO they do not lockdown when EMS responds to their campus. It's not a practice that has ever been conducted, trained, or that is in any emergency response plan.

    The school's are not typically placed on "lockdown" when EMS responds. But this is not about the lockdown, it's more than that, it's about VISD trying to throw a spin job on an over reaction. The West HS administration has now completely over reacted on 2 incidents just this year alone. Both of which have gone public and been scrutinized heavily.

    It seems to me that West administration panics in the face of danger, crisis, or perceived crisis. As a parent that concerns me. Over reaction sometimes is just as bad as doing nothing. It sends off bells and whistles that administrators are not in control and dont have a firm grasp on the intentions of "lock down" procedures. Locking down just for the sake of locking down is not what a real "lockdown" is intended for. You have to be real careful when locking a school down. You want a "lockdown" to be a very rare event, so when it indeed is truly necessary, the students, staff, and visitors take the event with extreme attention and seriousnesss. It seems that the way things have been done out there at West this year, lockdowns are the norm and unfortunately may not be taken with the same level of seriousness in the future. Concerning.

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  • lawdawger 

    "Lockdowns are typical when EMS arrives to a school", said Diane Boyett, VISD's communications director.

    That's not true. That's absolutely not true. EMS respond to our campuses frequently, for a variety of reasons, and NO lockdowns do not occur. Who allows this Boyett lady to speak on behalf of the district? She is sorely misinformed.

    Edith you are 100% correct. Ridiculous. Where was the School Resource Officver when all this was going on?

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