I'm not surprised at all when it happens. You train for it happening. You'll notice an absence of statements like "the tragedy of this agent being shot," "how horrible," etc.
He did his job. It comes with a price tag attached, sometimes.
And yes, MIO was met in her case. The only down side is, she was associated with someone engaged in an ongoing criminal enterprise. Indeed, one that he, at least partially, used his home for.
In any case with a LEO the first question asked is - why were you at where you were at? Second question - were you engaged in official duties? Third question - were you acting within that scope? Fourth question - did you follow policy? If you fail at any level, you're pretty much screwed.
This is why people dislike the police. As long as policy is followed, nothing else matters. Which means if the police hit the wrong house, but had good intentions, you are shit out of luck. As long as something points to criminal activity, just about anything is allowable, with recourse being suing the .gov, which is like climbing a wall of ice.
She fails in the first question, while she has a right to be at home, of course, her home was being used by her husband in a criminal enterprise. I know she was aware of it. No doubt in my mind, but that must proven, of course. I'm quite sure it will be. That makes her actions from that point on shady, at best.
Her knowledge of criminal happenings in her house does not mean she loses the right to self defence. You don't get to beat criminals because they're criminals.
It's going to be hard for a jury to clear her when she was living with a dope dealer who used their home to store at least some of the product. It colors the perception of the incident. It makes her look like less of a protective mom, living in a house with the kids where dope is stored.
That would be the fault of the jury. The fact that hubby was dealing only gives credence to the police presence. It does not bear on her perception of an unlawful attack.
If I have sex with a 14 year old and she told me she was 20, am I not still liable? I mean, I thought she was legal, right? My perception is what counts, right?
If she has a reasonable appearance of someone who is legal, then yes, you would be right in my book. In my belief, the laws on this issue are flawed. They completely ignore the lack of ability to confirm someones age. As far as I'm concerned, she perpetrated a fraud on you, and like entrapment, you should not be liable.
It comes down to this - she was involved, if only peripherally, with some shady stuff. That makes it likely that one of two entities are going to come crashing into her door - the cops and other crooks. They knew it's a possibility that at some point the cops or someone they wronged in the criminal world or someone they're tied into in the game would kick in the door. While she might not have thought it was the cops this particular time, you'll never convince me that she also didn't expect it to be the cops.
In reverse, the cops were able to find evidence to get warrants on 35 people, but not her. Your assumption is that she was simply a better crook, and didn't get caught. I would say its more likely she wasn't involved in the first place. This is where that 'innocent until proven guilty' thing comes into play.
And I'm not even getting into the unlikelihood of a woman going for the gun. That's the first instinct of normal women in this board's experience? To go for the gun? A woman in the game, yes. A regular woman, not so much.
She had a CCW permit, so I would say she has shown intent to follow the law, and intent defend herself with a firearm.
At the end of the day I think many people here are empathizing with this woman because one day they expect their door to be kicked in by cops looking to take away their guns. They want to be able to fight back, and the angle is to not know they're cops. If you don't know, you can fight back, whereas if you know you can't. Maybe I'm full of crap, but that's how it reads to me and it's understandable.
Somewhat, but less to do with guns, and more to do with their right to self defense. The realization that these things happen in seconds and the decision to act must be made immediately. This makes people very afraid because an LEO can raid the wrong house with good intentions, and the homeowner is going to have make an instant decision whether the masked men entering his house are cops or not. As you can see, I along with many people would prefer the LEO's be the ones who are responsible for what happens in a raid. The homeowner is the one who has been put in a nearly impossible situation.
Me, I empathize with the LEO because one day I'm going through the door and I don't want to get shot. I don't want people just being able to say that they didn't know and that be sufficient justification.
It's all about where you put yourself, I guess.
Do everything you can to ensure your not being sent through the wrong door. In the end, its your body. If you don't want it to be subjected to fallacies of human kind, then you should find a less exposed profession.
Sorry for the diatribe.