Trick or Treat: Man defends family, kills 12 year-old on Hallowe'en

[TW Scott]

umm a "crime of passion" is the definition of manslaughter as i understand it ie walking in to find your wife screwing the cable guy (sorry watching NCIS again) and you "snap" and kill them both. Not murder because there was no planning (how could there be if you didnt know she was sleeping around) means manslaughter

It all depends on where you keep your gun. In a holster on your belt? Manslaughter. In a gun safe with an eight digit PIN? murder.

 

[Asguard]

actually most of these kinds of cases i have herd of the victoms are bludgened (or possably stabbed) NOT shot. Course that could be a cultural thing because not many people here have a gun to hand but as you say if its truly manslaughter its whatever is close to hand

 

[Baron Max]

It all depends on where you keep your gun. In a holster on your belt? Manslaughter. In a gun safe with an eight digit PIN? murder.

Well, yeah, that's correct. But it revolves around extreme situations.

In Texas not too long ago, a man came home and found his wife with another man. He walked back out to his car, got his gun, walked back in and shot his wife (I think it was the wife he shot?). But he wasn't charge with first degree murder ...yet some would say that in walking back out to his car to get the gun was, in fact, premeditated.

Interesting, huh?

Baron Max

 

[TW Scott]

Well, yeah, that's correct. But it revolves around extreme situations.

In Texas not too long ago, a man came home and found his wife with another man. He walked back out to his car, got his gun, walked back in and shot his wife (I think it was the wife he shot?). But he wasn't charge with first degree murder ...yet some would say that in walking back out to his car to get the gun was, in fact, premeditated.

Interesting, huh?

Baron Max

You know, I would agree completely with that assessment. Any significant extra action beyond the events that lead to the deadly wound gives a person time to think and plan. Walking out the door, and by neccessity through the house, then back in gave him time to think. Now if he had dropped his brief case and brutally started beat his wife and in the heat of rage snapped her neck, then it is manslaughter.

The point is the extra time and caution. In your example the guy had to somehow manage not to be heard as he did this, and cheating spouses tend to be nervous around strange sounds. So obviously the guy was either highly trained or very in control.

 

[Baron Max]

You know, I would agree completely with that assessment. Any significant extra action beyond the events that lead to the deadly wound gives a person time to think and plan. .....
The point is the extra time and caution. .....
So obviously the guy was either highly trained or very in control.

Yeah, I understand what you're saying. But tell me this; how long does it take for a man to "lose his mind", and then to recover it again ....in time to stop himself from doing something stupid? And are all men created "equal" in that regard?

See? I don't know if I would say "obviously" anything ....'cause it's only "obvious" from the viewpoint of armchair quarterbacking. And I don't think that's necessarily valid in a court of law.

I'm not really sure, by the way, if the guy was charged or not, or what he was charged with. I know, however, that he isn't/wasn't charged with FIRST degree, premeditated murder. I've tried to find the case again but haven't had much luck so far.

Baron Max

 

[Pandaemoni]

Pandaemoni I linked to the relevant parts of the Texas legal codes.

Here is the current "castle law." http://www.capitol.state.tx.us/tlodocs/80R/billtext/html/SB00378I.htm

He may have gotten off in Louisiana, but shooting through doors doesn't fly in Texas.

The law you cited clearly says that you can use deadly force is you have reason to believe someone is "attempting" to enter your home. (Actually "habitation" which may opr may not include your porch.) That suggests they have not yet actually enter, Section 2(a)(1).

It's for a jury to decide whether that applied in this case, but they do not have to be inside your house so long as you believe they are trying to get in and that they have no legal right to enter.