Author Topic: Interesting case in Texas  (Read 467 times)

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Offline KevShmev

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Interesting case in Texas
« on: February 14, 2013, 11:50:12 AM »

Wouldn't you think a good lawyer could get this guy off on temporary insanity, given that he had just watched his two sons killed by the drunk driver?

Online El Barto

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Re: Interesting case in Texas
« Reply #1 on: February 14, 2013, 12:01:14 PM »
This is why Jesus invented 2nd degree murder.

In this situation, they'll allow him to cop to a second degree felony. The way it works in Texas is that he'll be charged with ordinary murder (as opposed to capital murder) and once convicted (a foregone conclusion) he'll plead that it was done in the heat of passion (also a foregone conclusion). If the jury buys it, which is likely, it'll be reduced to a 2nd degree felony, which carries a 2-20 year sentence. With all of these foregone conclusions, I suspect The Man will just offer him that deal, and 2-5 years seems plenty reasonable to me.

Keep in mind that tons of people get run over. They're considered accidents. We have no way of knowing if the driver's intoxication actually played a role in this incident. Who's to say it wasn't the kids' fault? I'm also not sure how Dad would have known the BAC of the driver, so it's entirely possible that he just shot the guy who squashed his kids and found out later it was a DUI related event. Regardless, heat of passion or not, you can't just shoot somebody involved in an accident.  This isn't Tombstone.
Argument, the presentation of reasonable views, never makes headway against conviction, and conviction takes no part in argument because it knows.
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