View Single Post
Old 11-30-2018, 11:04 PM   #15
sir shovelhands
Ten Point
 
Join Date: Mar 2014
Location: Houston
Hunt In: Texas
Default

Quote:
Originally Posted by Ironman View Post
Maybe they went with a murder charge knowing it won't stick?

I do find it odd that she doesn't know which apartment was hers. Killing an innocent person sitting in their own house is pretty bad.
And the highly improbable coincidence that the one time she goes to the wrong apartment, the door just happens to have been left ajar (as she claims)?

Let's clear up legal definitions here. Per Texas penal code title 5 chapter 19

Sec. 19.02. MURDER.

(b) A person commits an offense if he:

(1) intentionally or knowingly causes the death of an individual;

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

Sec. 19.04. MANSLAUGHTER. (a) A person commits an offense if he recklessly causes the death of an individual.

So basically the difference is intent. According to her statement, she shot him on purpose, not on accident (recklessly). That's murder in Texas by definition 1 or 2. You'll notice pre-meditation is not required.

Last edited by sir shovelhands; 11-30-2018 at 11:09 PM.
sir shovelhands is offline   Reply With Quote Back To The Top