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Create a channel Learn moreActually no, (mens rea) requires that a person intended to commit an act ( regardless of the result) so she "intended" to shoot
whether it was self defense, justified or whatever at that point is a matter of the totality of the circumstance.
In this case its murder because of the wording of the Texas statute- in many other jurisdictions this would have been manslaughter and not qualified for a murder charge.
She could have said she "intentionally tried to wound him" and shot him in the arm but if death resulted her intent would not change the charge under the statute in Texas.
Now you WILL see times that a prosecutor may charge with a lesser offense because of any number of factors such as the totality of the incident but that's a choice, not a requirement.
negligent homicide. 10 years.
well, i got the 10 years part right.
Yep, unreal isn't it?
That said, my door is ALWAYS locked.
Why do people keep their doors unlocked?
I don't fucking get it.
100% agree. It's the justice system at work. It is an incredibly light sentence for murder 2 given the publicly available evidence. It is what is is.Lets be fair here- the jury made the sentencing decision, not her.
I agree this boggles the mind unless something was presented that the media simply didn't report.
10 years ( assuming ability to work down or parole) is a sentence for something like involuntary manslaughter but she was charged and convicted on the higher crime of murder.
That's light for murder.
But at the end of the day, the jury has decided.
Its because she is a fucking woman. If it were a man, he would have gotten 25 to life. Look at the pedo teachers. Women get probation or lessor sentence then men.Lets be fair here- the jury made the sentencing decision, not her.
I agree this boggles the mind unless something was presented that the media simply didn't report.
10 years ( assuming ability to work down or parole) is a sentence for something like involuntary manslaughter but she was charged and convicted on the higher crime of murder.
That's light for murder.
But at the end of the day, the jury has decided.
100% agree. It's the justice system at work. It is an incredibly light sentence for murder 2 given the publicly available evidence. It is what is is.
Two lives, two families, and community relations destroyed due to poor judgment and decision making ability.
Sad shit all around
Yes, always lock doors.
Like you I am continually perplexed why people leave their vehicles and homes unlocked on the regular. They are unintentional professional victims... Private Pyle Syndrome.
Read the murder statue. It’s a perfect fit, once the jury decides that she did not make a reasonable mistake of fact. If you intentionally kill someone in a place you have no right to be, it’s not self defenseI did and here it is from Penal Code 19.02 b (2) as amended so you can read it again too.
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;
The fact she fired an aimed shot even in his direction satisfies the bolded underlined part of the statute. There is no requirement of "intent to kill" in the statute. ( nor would an "intent to wound" nullify it)
Granted she accepted item (1) in the statute under oath but even if she had not, her actions viewed against the totality of the circumstances meet the requirement of murder as qualified in section 2. under Texas law
anything else?
No, her defense that she intentionally killed him to protect her property fell apart when the jury decided she wasn’t reasonable in mistaking his apartment for hers.There must be some significant evidence presented that was not reported in the media
Read the murder statue. It’s a perfect fit, once the jury decides that she did not make a reasonable mistake of fact. If you intentionally kill someone in a place you have no right to be, it’s not self defense
No, her defense that she intentionally killed him to protect her property fell apart when the jury decided she wasn’t reasonable in mistaking his apartment for hers.
Well according to the Texas Rangers investigation team (supposed to be the ones keeping local LE in check), she did NOTHING wrong and it was just a "Tragic Accident" and she shouldn't have been charged... they actually said that and were going to say so in court, but were blocked from saying it directly.