Texas justice: Man shoots wife's lover but isn't charged; wife faces manslaughter indictment.

[LiberalHeart]

Even if the wife had been telling the truth, how would this not result in charges agaisnt the husband? Wouldn't he have had to have been under threat himself for this to be justified?

http://newsgrinder.blogspot.com/2007/03/texas-justice-man-shoots-wifes-lover.html

[gollygee]

1. Wow

I'm trying to figure out the logic behind this. She lied about being raped. So the husband killed the guy. So her lie caused the guy's death, because . . . she should have known her husband would kill him? Is it fair to expect her to know her husband would kill someone? It's like him killing the guy is given. I don't think it's fair for her to be responsible for her husband killing the guy.

[Xipe Totec]

2. In Texas you are allowed to use deadly force

to defend yourself and your family. If the husband thought his wife was attacked, then killing the attacker is considered self defense under Texas law.

If his wife had told him the truth, then he could be charged with manslaughter for killing either his wife or the lover.

[Dhalgren]

8. Wait a minute. The assault has already happened.

So in Texas, you can gun down a criminal after the fact as he/she is trying to leave? How is a revenge killing construed as "defense"?

[Xipe Totec]

10. He could come back

and he's already demonstrated his willingness to hurt your family.

[Paladin]

13. You're Just In Favor Of People Using Guns On One Another

"He could come back," my ass.....

[Xipe Totec]

14. Do not presume to know what I favor

I am not justifying what laws are in place in Texas, nor do I care to.

Whether I agree with the law or not is irrelevant in this case; I'm not even a resident of Texas anymore.

Go pick a fight somewhere else.

[TX-RAT]

17. Actually that was a bad example.

A better example would have been the victim shooting the attacker after the rape. Both the wife and the husband could be considered victims. I don't believe the charge against her will stand, but I'm pretty sure the husband will walk away.

[Toots]

28. Now you are sounding like Bush*..He COULD do me some harm

Saddam could maybe somehow hurt America sometime in the future so we will kill him first before he ever gets a chance.. Perfect logic right???

[Xipe Totec]

29. Don't shoot the messenger

That's the law down in Texas; I didn't write it.

[TX-RAT]

21. She was in the vehicle as it was driving off.

Heres a better link.

http://www.star-telegram.com/226/story/52873.html

[Dhalgren]

27. But the real victim - the murdered fellow - had not raped anyone, yet he is dead.

There can be no excuse for wanton murder. If the killer was mistaken as to what was going on, it makes no difference; in my book it is still murder and the shooter should go down.

[pitohui]

31. maybe you should read the news story before you judge

the husband sees wife and victim bumping uglies in a truck, the wife cries out that she is being raped, husband does not sit there and let the guy finish raping or carry off his wife, he shoots the guy

the husband is doing what any decent man would do to protect his wife from being taken somewhere and having god knows what done to her by some killer, any LEO will tell you NEVER allow an evil doer to take you anywhere in their vehicle because you are unlikely to survive

in this case it seems pointless to charge the husband with anything, no jury would convict him

[pitohui]

30. it sounds like the husband believed the wife was in real trouble

i would NOT stand there and let a rapist drive off with my spouse either

i don't think the husband is in the wrong here, whether the wife should be charged w. a crime, well, a jury will have to decide

she's sure as shit guilty of something if she wanted to make her lover into a rapist to save her own ass

[Deep13]

3. Agree with the MS charge:

lie made the bf look like he was committing a serious assault. Shooting the escaping victim is not self defense because he was fleeing and there was no more danger. In most states it would be manslaughter because the husband was under "heat of passion" after finding him having sex with his wife. In TX the last I heard was that situation is a complete defense to murder, not just a reduction to M.S.

[tularetom]

4. Well that should teach the slut not to screw around and lie about it

:sarcasm:

[LiberalHeart]

5. One thing we know: she won't mess around with LaSalle again.

It's 2:49 pm eastern time right now and Rita Cosby on MSNBC says a report on this case is coming up after the break.

And speaking of Rita, when did she fix her voice and how did she do it?

[LiberalHeart]

6. Pundit on MSNBC sees it as a slam dunk (where's I hear that before?) for prosecution.

The thing that seals it for prosecutors, she said, is the email the wife sent to her lover asking him to come over.

[tularetom]

7. Speaking of Rita I thought MSNBC finally shit canned her?

[Fla Dem]

9. She had vocal cord surgery and got some improvement in her voice, but MSNBC

did not pick up her contract which expires 4/1. Don't know where she is going.

[LiberalHeart]

12. I think it improved her voice a LOT. Didn't know she's out...

I had thought she and her agent had a meeting with management and hammered out a deal for her. She has a talent for getting exclusives in the tabloid type stories. She's been all over the Anna Nicole stuff (yeah, I watch it). I'm surprised there's not a role for her there.

[madinmaryland]

15. I thought she was busy watching her career drive off...

[alarimer]

11. Well Texas is sort of a screwy place

I should know, I live here.

Apparently it is NOT against the law to run over somebody if it occurs on private property:

http://www.statesman.com/news/content/news/stories/local/03/27/27mudding.html


Police smelled alcohol on the breaths of two Texas State University students who ran over several men camping by the Blanco River in San Marcos on March 17 but were unable to file drunken driving charges against the drivers because the incident happened on private property, according to police reports.

Early on March 17, Dustin Bednorz, 20, and William Fischer, 21, had been "mudding" near Texas 80 in San Marcos, driving a sport-utility vehicle and a pickup, respectively, through the muck during the last weekend of spring break , according to police reports.

[Solo_in_MD]

18. Opposite in MD...drunk driving laws apply even on private property

Saw a good ole boy admit in traffic court we was dring drunk on his farm. No damage or harm, but he went to jail anyway. Judge said it would have applied even if he was on a horse.

[TX-RAT]

22. Do you have a link to that?

[Solo_in_MD]

23. I saw it in traffic court while we were waiting for my daughter's turn

no link

[TX-RAT]

24. Wasn't doubting you, just never heard of that before.

[Solo_in_MD]

25. Shocked the hell out of me too. St Marys County traffic court.

[Solo_in_MD]

26. Found this...

As used in the drunk driving laws, the term "vehicle" is defined more broadly than just "motor vehicle." Usually, a "vehicle" is defined as anything that carries people or goods. A "motor vehicle" is something powered by a motor or engine. Either term can include cars, trucks, even motorboats. Most laws draw a distinction between inoperable vehicles and those that are only immobile-capable of moving, but not moving at the time. Legal distinctions such as this are one reason you need an experienced drunk driving defense attorney to give your case the careful analysis needed.

Another element of a drunk driving charge is the location of the offense. Older drunk driving laws often included limiting phrases, such as "on the public highways of the state." Many judges relied on that language to conclude that the drunk driving laws did not apply to someone driving on private property, including parking lots. Modern laws, however, require only proof that the offense took place within the boundaries of the state.


This from a DUI speciality lawyers site:http://www.andrewalpert.com/CM/FSDP/PracticeCenter/Criminal-Law/Drunk-DrivingDUI.asp?focus=overview


Other places I found:

(2) Any person who drives or attempts to drive a motor vehicle on a highway or on any private property that is used by the public in general in this State is deemed to have consented, subject to the provisions of §§ 10-302 through 10-309, inclusive, of the Courts and Judicial Proceedings Article, to take a test if the person should be detained on suspicion of driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813 of this title.


I also remember seeing every summer that drinking and boating gets you a DUI conviction, which can be a real problem on the Cheasepeake

[TX-RAT]

19. Nothing screwy about that.

Don't know of any state where an individual can be arrested for DUI, DWI or PI, while on private property. But there are other charges that can be filed, in that particular situation.

[Pro2nd]

20. Drunk Driving

Actually, they should be charged with Assault and their drunkenness could be entered as evidence in court. Depending on the severity of injury, it could either be a felony or misdemeanor; however, even the misdemeanor Assault charge is a higher grade of offense than DWI.

[Madspirit]

16. Oh Boy

Another bash my state thread. Have you checked lately how many states this would be legal in? I suggest you do. Try many.
Lee

[baldguy]

32. Saudi Texanistan

[Pushed To The Left]

33. I agree with the manslaughter charge. What she did was absolutely sickening.

I'm glad the husband got off. If he thought somebody was trying to rape his wife, it is totally understandable that he would want to stop her from being attacked any way he possibly could. He did nothing wrong. On the other hand, she falsely accused somebody of rape, causing the falsely accused person to be killed. She chose to put lives in danger rather than fess up to the affair she was having. I hope her husband has the good sense to divorce her and I hope the courts have the good sense to give him full custody of his kids.