Negligent homicide would imply that one acted without malice toward anyone, but either did something a prudent person would not have done, or failed to do something a prudent person would have done, in such a fashion as to cause someone’s death.

The next higher crime would be reckless homicide, which would imply that one acted with wanton disregard for other people’s safety.

I could vaguely comprehend an argument that the cop who fired through the wall wasn’t trying to actually hit anybody, but was hoping that firing gunshots through the wall would cause the person on the other side to take cover. Such an argument, if believed, might justify reducing the charge from murder to reckless homicide. I would frankly find it hard to believe such a claimed motivation, nor can I see any way that someone with any regard for human life could deliberately fire a gun in any direction without knowing that there were no innocent people downrange, nor could I see any way the cop could have had a reasonable belief that there were no innocent people downrange.

Per Article VI of the Constitution, any government action which violates the Constitution is illegitimate. Per Amendment IV, search warrants may only be issued on the basis of an oath or affirmation, relating personal knowledge of the affiant sufficient to constitute probable cause. The only oath-backed personal knowledge in the warrant for Cory Maye’s dwelling was a vague observation that the place seemed to get an unusual amount of traffic. Since Officer Jones applied for the warrant personally, he should have known about its basis or lack thereof.

To be sure, many police and judges don’t seem to care about whether information in a warrant affidavit relates personal knowledge of the affiant, but to accept non-sworn hearsay in a warrant affidavit would be to render the “oath or affirmation” requirement meaningless. If Bob swears that he saw drugs in someone’s house, and it can be proven that Bob could not have seen what he claimed, Bob can be prosecuted for felony perjury. If Joe swears that Bob told him about seeing drugs, though, no perjury claim is possible even if Bob is maliciously lying, nor even if Joe knows Bob is lying (since he’s swearing that the statement was made by Bob, not that it is true).

To be sure, if judges actually followed the Constitution it would be harder for police to get warrants. I can’t see any reason to think that would be a bad thing, though. Having actual witnesses filing affidavits should help cement good cases and weed out bad ones.

Ain’t that the damned truth! Much as I care about the man, much as I consider him a friend, I wish I didn’t know him.

Our police are out of control and more danger to us than most of the “criminals”.