off duty cop 'allegedly shoots woman in the head in fit of road rage

www.huffingtonpost.com...

An off-duty Texas cop got upset at a woman for cutting him off and allegedly fired his gun into her window, hitting her in the head.

Now Precinct 6 Deputy Constable Kenneth Caplan is charged with aggravated assault with a deadly weapon, according to Click2Houston.

The woman, whose name was not released by the station, said the bullet grazed the left side of her head, allowing her to avoid a major injury.

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The incident took place on Nov. 11. The woman said Caplan cut her off so she did the same to him. That got him so upset, she said, that he pulled out his gun and fired into her vehicle.

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what im not understanding is why is he only being charged with aggravated assault with a deadly weapon?

i would think that would be attempted murder all day

probably cause he's fuzz..thats what im thinking

had she fired into his car and grazed his dome, it would be attempted murder

i think there should be more outrage over this incident than that other incident i am tired of talking about

Love the way they say…

An off-duty Texas cop got upset at a woman for cutting him off and allegedly fired his gun into her window,

Its okaaay, he was just shooting at her car.

Lets minimize events if a cop is involved. Even an off duty one.

It should be attempted murder....

He'll probably say she aimed the vehicle towards him...


Probably won't do a single day in prison either!

a reply to: Grovit

a reply to: Grovit

This is Bull Sh it!! Not this Thread, but that the Charges are NOT Attempted Murder, like You and so far, Charlie say. What a Load of Crap, eh? Freakin typical though of what I have seen over the years. Alas, such is Life......

originally posted by: intrptr
Love the way they say…

"An off-duty Texas cop got upset at a woman for cutting him off and allegedly fired his gun into her window,"

Its okaaay, he was just shooting at her car.

Lets minimize events if a cop is involved. Even an off duty one.

Why do they always use the term "allegedly" when a LEO is involved? Either he did it or he didn't, am I right? I guess LEO's are the only ones innocent until proven guilty these days. The rest of us are shot until proven innocent.

a reply to: SgtHamsandwich

Why do they always use the term "allegedly" when a LEO is involved? Either he did it or he didn't, am I right? I guess LEO's are the only ones innocent until proven guilty these days. The rest of us are shot until proven innocent.

Seems to be the going trend now days doesnt it.

For an alleged bullet it sure made a mess of the side of her head. Cops always aim at windows apparently, they are permanently unable to discern if anyone is behind the glass unless they are giving testimony regarding who was at the wheel driving past them at 90mph on a pitch black night - then they give perfectly detailed descriptions.

I hate the way criminal acts by police are downplayed like this, it highlights a double standard. I'm willing to give cops leeway but only to those who deserve it through long dedication to public service, not to the trigger happy recent hires who haven't the intelligence or integrity to hold such a position.

a reply to: Grovit

I get what you're thinking, he tried to kill her, but like murder charges there needs to be a level of premeditation that the prosecutor would never be able to prove. For attempted murder, he would have needed to have been out driving around looking specifically for that victim and made the attempt to kill her. Aggravated assault with a deadly weapon should be a first degree felony in Texas.

Aggravated Assault is defined in the Texas Penal Code under Chapter 22.02 and is typically a second degree felony but it is a first degree felony if it meets one of the following conditions:
Causes serious bodily injury to a family member.
Is committed by or against a public servant on official duty.
Is committed in retaliation against a witness, prospective witness, informant, or someone who reported a crime.
Is committed against an on-duty security officer.
Is a drive-by shooting that causes serious bodily injury to any person.
Aggravated Assault With a Deadly Weapon appears on the docket for the Travis County Criminal District Courts as "AGG ASSAULT W/DEADLY WEAPON".
Texas "3g" Offenses
Under Article 42.12, Section 3g of the Texas Code of Criminal Procedure, Aggravated Assault With a Deadly Weapon is grouped with the most serious offenses, like murder, sexual assault, and aggravated kidnapping. Article 42.12 prohibits a judge from granting probation to individuals convicted of 3g offenses or granting early termination to those who receive probation from a jury. Individuals who serve prison sentences for 3g offenses must also serve more of their sentences before becoming eligible for parole than inmates who are convicted of other crimes.

Source

a reply to: hogstooth

i will defer to you because i am not up on the law specifics.

you can attempt to murder someone without thinking about it before hand..right?

isnt that why there is the distinction between murder and pre meditated murder?


i still dont get it.
im thinking if someone would have fired at him for the same reason, they would be facing attempted murder charges.

en.wikipedia.org...

A conviction for attempted murder requires a demonstration of an intent to murder, meaning that the perpetrator either tried to murder and failed (e.g. attempted to shoot the victim and missed) or took a substantial step towards committing a murder (e.g. purchasing a gun or other deadly weapon and writing about their intent to kill).

seems to me like there is a god argument for him doing just that

a reply to: Grovit

Guten Morgen- Being a medically retired cop My addition 'may' be construed as 'biased'. This Turd should be charged w/attempted murder; shooting at an occupied vehicle; reckless driving and I'd have to peruse the Texas Statutes to figure out what else to charge.

Based on His actions he should be relieved of duty IMMEDIATELY. He certainly has shown His wanton disregard for Public Safety which is paramount to the execution of His duties. If he continues to want to "serve the public" there is plenty of trash that needs to be "policed".

"The Job" is hard enough w/out having brain-donors or short-peckered Napoleans getting even for getting picked on in high school, and until "We, The People" say/type/utter ENOUGH ALREADY!!! it won't end. Until the police departments are more representative of the communities they serve, it will be a "Cluster 'Snip'...

I hope He find some rehabilitation after His 'bit'...

Discharging Your firearm at a moving vehicle is UNSAFE and if 'fleeing' the threat has left, just like the hair-triggered numbskull that fired shots at the van.. Who amongst Us can outrun the radio?

namaste

Proud Member of LEAP™

originally posted by: JimNasium
This Turd should be charged w/attempted murder; shooting at an occupied vehicle; reckless driving ™

thats my opinion..
i dont see how it can be argued otherwise but im no lawyer

how i feel does not equal that being how it is

a reply to: Grovit

I looked up Texas Statutes because I was curious. And I agree with the way everyone is thinking that if you try to kill someone (and shooting a gun into an occupied vehicle seems like an obvious attempt) it should be attempted murder. However, according to our legal system, it's not the same thing. They could probably go after attempted manslaughter, but it seems that in Texas agg assault with a deadly weapon will carry a more severe sentence, especially if they get that first degree to stick.

a reply to: Grovit

In most States and certainly in Texas there would need to be some proof of intent. The aggravated assault charges are about as good as it gets for this scum bag.

I'm looking forward to knowing that he will be locked up in the worst prison complex on the planet.

originally posted by: hogstooth
a reply to: Grovit

I get what you're thinking, he tried to kill her, but like murder charges there needs to be a level of premeditation that the prosecutor would never be able to prove. For attempted murder, he would have needed to have been out driving around looking specifically for that victim and made the attempt to kill her. Aggravated assault with a deadly weapon should be a first degree felony in Texas.

Aggravated Assault is defined in the Texas Penal Code under Chapter 22.02 and is typically a second degree felony but it is a first degree felony if it meets one of the following conditions:
Causes serious bodily injury to a family member.
Is committed by or against a public servant on official duty.
Is committed in retaliation against a witness, prospective witness, informant, or someone who reported a crime.
Is committed against an on-duty security officer.
Is a drive-by shooting that causes serious bodily injury to any person.
Aggravated Assault With a Deadly Weapon appears on the docket for the Travis County Criminal District Courts as "AGG ASSAULT W/DEADLY WEAPON".
Texas "3g" Offenses
Under Article 42.12, Section 3g of the Texas Code of Criminal Procedure, Aggravated Assault With a Deadly Weapon is grouped with the most serious offenses, like murder, sexual assault, and aggravated kidnapping. Article 42.12 prohibits a judge from granting probation to individuals convicted of 3g offenses or granting early termination to those who receive probation from a jury. Individuals who serve prison sentences for 3g offenses must also serve more of their sentences before becoming eligible for parole than inmates who are convicted of other crimes.

Source

That may be the legaleeze but the context speaks differently. He was driving, he cut her off, tit for tat she cut him off. So we have a stage set, that now, the cop thinking he is more important than the other driver is extracts his own form of justice/vengeance, that would be the first double standard. In order to extract that vengeance, he has to pull out his gun and fire a shot at the offending person, because we all know cars don't drive themselves. There is your intent and action. Now, was this premeditated as in an attempted first degree murder if that is even a legal action (which didn't follow through, the other driver isn't dead), I'd say no, however, as a crime of passion and a second degree attempted murder charge if that is a legal action, I'd say yes. It all depends on whether or not there are degrees involved in determining the actions leading up to the "attempted" murder of a person.

IF there is an actual second degree attempted murder charge (no real premeditation), I would think that is what he should be charged with, if that makes any sense.

Cheers - Dave

The IA and FOP have examined the actions of this Hero, and have determined that his behavior was proper within department policy. The obvious assault with a motor vehicle by the perpetrator was met with the utmost in forbearance by the fine officer. Although she deserved no less than immediate death for her insolent attack on the fine officer, he graciously allowed her to survive with minimal injury. She should be thanking the officer that he did not kill her. And her dog. And the passengers, as would have been his right, if he wasn't so forgiving.

eta: when you hear "Investigators tell us that there is much more to this case that they can't tell you about", they're saying "We're going to drum up everything on this woman from library fines to assault with a motor vehicle on a deputy, so that we can reach a deal where he stays on the street with no charges, unless she wants to join him in prison". Also, watch carefully for the SO to harass the woman day and night to show her who's boss.

I agree he should be charged with attempted murder.

I have a cousin "one of the infamous Florida men" sitting in prison right now for attempted murder. His wife left him for another dude and he was reasonably upset about this and decided to move back to Alabama. He pack up his worldly belongings and stopped by her place to say good bye to his kids. Her new dude came out talking smack and of course tensions were high and she seen my cousin with a gun in his waistband as he always had and she new this because he owned his own business doing repo's. She grabbed for the gun and he was wrestling it back from her and shot himself in the leg. Cops show up and bam...he is charged with attempted murder. TPT problems I know.

a reply to: bobs_uruncle

And I agree with you wholeheartedly. I'm sure his intent wasn't just to break her window with that bullet so he could wish her happy holidays. From what I've read on the Texas statutes, if he is convicted of agg assault w/deadly weapon as a first degree felony, his sentencing guidelines will be about the same as an attempted murder charge. This isn't a slap on the wrist type charge and he won't be getting off with probation and community service if convicted.

If you are firing a weapon into a car, you are likely to kill someone. Should be an attempted murder charge.

originally posted by: SgtHamsandwich
I agree he should be charged with attempted murder.

I have a cousin "one of the infamous Florida men" sitting in prison right now for attempted murder. His wife left him for another dude and he was reasonably upset about this and decided to move back to Alabama. He pack up his worldly belongings and stopped by her place to say good bye to his kids. Her new dude came out talking smack and of course tensions were high and she seen my cousin with a gun in his waistband as he always had and she new this because he owned his own business doing repo's. She grabbed for the gun and he was wrestling it back from her and shot himself in the leg. Cops show up and bam...he is charged with attempted murder. TPT problems I know.

He will plea bargain for a lesser charge and be sentenced to anger management therapy and community service and never see a day in jail. When Law enforcement is involved...there is a double standard, always in favor of the LEOs.

I doubt if he will even lose his job and will probably enjoy a promotion for putting a "puke" in her place.

"pukes" are what LE calls ordinary citizens.

My GF used to tend bar in a cop hang out. Her revelations about the law enforcement culture were astonishing.

originally posted by: Grovit
www.huffingtonpost.com...


i think there should be more outrage over this incident than that other incident i am tired of talking about

First thing that struck me at your second line was the charge. It beggars belief, what a bunch of hypocrites, for feck sake the whole incident demonstrates that the guy is a slice short of the full loaf... is a tool and shouldn't even be a cop.
Still, he's not alone, some of them see Devils and shoot at them.