# Reasonable Mistake: The Shooting of Jorge Martinez

Page: https://stenobird.com/podcast/swear-on-the-stand-7111404/reasonable-mistake-the-shooting-of-jorge-martinez
Text version: https://stenobird.com/podcast/swear-on-the-stand-7111404/reasonable-mistake-the-shooting-of-jorge-martinez.md
Podcast: [Swear on the Stand](https://stenobird.com/podcast/swear-on-the-stand-7111404)
Published: 2026-06-15T12:00:00+00:00
Episode link: https://podcasters.spotify.com/pod/show/danielswear/episodes/Reasonable-Mistake-The-Shooting-of-Jorge-Martinez-e3kc2i4
Audio file: https://anchor.fm/s/fddb5314/podcast/play/121030660/https%3A%2F%2Fd3ctxlq1ktw2nl.cloudfront.net%2Fstaging%2F2026-5-5%2Ff312af25-e0db-ad4e-b963-7d4d4290ba6a.m4a
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JSON: https://stenobird.com/v1/public/podcasts/swear-on-the-stand-7111404/episodes/reasonable-mistake-the-shooting-of-jorge-martinez
Duration seconds: 2348

## Resource

This episode details a Fifth Circuit Court of Appeals ruling regarding a tragic case of mistaken identity involving a police shooting. After a homeowner disarmed a violent intruder and exited his house while holding the suspect's rifle, a responding officer shot and severely injured him. The court examined whether this use of deadly force constituted a violation of the victim's Fourth Amendment rights or if the officer was protected by qualified immunity . Ultimately, the judges affirmed the lower court's decision, ruling that the officer’s actions were objectively reasonable given the chaotic and dangerous nature of the active shooter scene. Consequently, the court held that no constitutional violation occurred, shielding both the individual officer and the City of Laredo from legal liability.

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## Transcript

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