Follow up: Wife convicted after husband fatally shoots lover


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k_dawg
May 3, 2008, 10:56 AM
FORT WORTH, Texas (AP) -- A Texas woman who caused her lover's shooting death by falsely crying rape was convicted Friday of involuntary manslaughter.

Tracy Denise Roberson, 37, cried a bit when the verdict was announced. The punishment phase was set for Monday, and she faces two to 20 years in prison.

In late 2006, Darrell Roberson came home from a late-night card game to find his scantily clad wife with another man in a pickup truck in the driveway. Tracy Roberson was with her lover but cried rape, and her husband fired four shots into the truck as Devin LaSalle drove off, killing him.

Darrell Roberson initially was arrested, but a murder charge was later dropped and a grand jury indicted Tracy Roberson instead.

During her three-day trial, defense attorneys called no witnesses but blamed LaSalle's death on Darrell Roberson's jealousy and rage.

But prosecutors placed all the blame on Tracy Roberson, showing evidence of the affair with LaSalle, 32, and a text message in which she invited him to her house that evening.



There was alot of debate if this was a "good shoot" or not by the husband.

In addition to being clearned by a grand jury, now we have a ruling placing the blame squarely on the wife.

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skinewmexico
May 3, 2008, 11:01 AM
At one time in Texas, it was legal to shoot your wife and her lover, if you caught them together. I'm still surprised this guy got off.

Taptaps
May 3, 2008, 11:16 AM
LOL. THat law must have been put into writing after some old ass politician couldn't keep track of his trophy.

Biker
May 3, 2008, 11:37 AM
No winners in this one.

Biker

mek42
May 3, 2008, 11:47 AM
I agree with Biker on this one, though it seems like the system actually worked this time.

wyocarp
May 3, 2008, 11:58 AM
It used to be legal to shoot wife and lover in Wyoming as well. I should try to find out if that is still correct.

Unfortunate that she screamed rape. That would justify the shooting in my mind. I would shoot anyone that raped my wife, and if it was in process I would think it would be a "good shoot."

kurtmax
May 3, 2008, 12:01 PM
I don't know if the us has any laws like that anymore. I know in many smaller countries that it is legal to kill wife+lover. Still seems a bit overkill imo.

csmkersh
May 3, 2008, 12:09 PM
At one time in Texas, it was legal to shoot your wife and her lover, if you caught them together. I'm still surprised this guy got off.
Not really. But that's the way many DAs did things 75 years back.

calaverasslim
May 3, 2008, 12:57 PM
The only thing I question on whether this was a "good shoot" or no is the original post reads that LaSalle was driving away.

I wonder???

divemedic
May 3, 2008, 01:03 PM
Remember that when considering if a shoot is good or not, you must look at the shooting using the information that the shooter had at the time he took the shot. The shooter reasonably believed that his wife was being raped. This has nothing to do with shooting wife+lover. This has to do with shooting a (perceived) felon committing a rape.

Since the wife lied, and caused the death of her lover, she was rightly convicted of the shooting.

gallo
May 3, 2008, 01:16 PM
The best advise is not to mess with married women

revjen45
May 3, 2008, 01:29 PM
Throwing the trollop out seems like a better solution than killing people. Let her become the responsibility of the bozo who's poking her. If she'll betray you for him, eventually she will betray him for someone else. If that's in her character she's not worth the trouble of killing over her. As a Cheyenne warrior would say "A dog has whizzed on my tipi."

I realize that Darrel Roberson thought his beloved wife was being raped- my comments apply to the posts about the legalities of shooting an unfaithful spouse and his/her consort. If I came upon someone assaulting my wife, it would go to slide lock.

GILROY
May 3, 2008, 01:51 PM
With only what is written as evidence, if I were on that jury I would feel good about the decision, but feel sorry of sorts for everyone involved.

Rumble
May 3, 2008, 01:55 PM
The only thing I question on whether this was a "good shoot" or no is the original post reads that LaSalle was driving away.

I wonder???

I saw a couple additional points:

1. She was in the car at the time of the shooting (from the Star Telegram, although it's unclear whether the guy was driving away).
2. She maintained the allegation long enough to file a false police report (from the Dallas News).

Given that, it seems the husband was operating with information that supported his response.

DEDON45
May 3, 2008, 02:04 PM
SHe got what she deserved... she tricked her husband (I'm sure she didn't mean to have the guy she was with killed) into acting... I can't blame the husband, I would shoot any rapist on sight too... now he has to live with some guilt over killing a guy, when the guy probably just needed an ass kicking.

primer
May 3, 2008, 02:43 PM
My take on this is that the boyfriend probably knew that she was married. Whenever you put your self in a situation with a married women you assume a certain amount of inherent danger to be involved. Even IF she wouldn't have cried rape it could have went the same way. I have seen close friends go through this type of thing before and it's not pretty. I DON'T consider a person who would have an affair with a married women to be a man, as they lack the respect qualities that a man has. I'm not overjoyed about the person being killed, but in my book he asked for it. As for the wife, she should have got out of the marrage, before she cheated which also showed a lack of respect. Someday people will realize that they are responsible for their own actions. It's hard to imagine what goes through a persons mind when they find out that the person they love is having an affair. Unless you have been through it before, you can't really judge someones reactions. But like I said before, the husband may have killed the guy even if she wouldn't have cried rape. To me the husband was the victim, not the wife or her lover because they put themselves the the situation. The husband stumbled into it. JMO!

jgo296
May 3, 2008, 02:48 PM
i say the guy shoulda been in trouble
seems like a revenge shooting
what imminent danger does a guy driving away pose?

Rumble
May 3, 2008, 02:51 PM
Guy may have been driving away with the wife, though.

cracked butt
May 3, 2008, 02:56 PM
The only player in this drama that was 'innocent' was the husband.

primer
May 3, 2008, 02:57 PM
Yeah, I'm sure the man was it total control of his mind at the time. I mean what kind of man would react with extreme aggression after finding out someone just raped his wife. I guess if I found my wife being raped I would just pat the guy on the back and tell him to have a safe drive home. It's not just the rape, most men would be extremely angry even if she didn't cry rape. The minute he touched another mans wife he should have painted a big bullseye on his back.

goalie
May 3, 2008, 04:30 PM
what imminent danger does a guy driving away pose?

A pretty big one to the rape victim still in the car.

lacoochee
May 3, 2008, 07:33 PM
There is also the issue if what a prosecutor can get a conviction on, can anyone imagine a jury that would convict a husband of shooting a man who had just raped his wife? :scrutiny:

jaholder1971
May 4, 2008, 01:26 AM
This day and age, wouldn't put it past them...

Dr. Tad Hussein Winslow
May 4, 2008, 09:11 AM
Liability/responsibility is not always exclusively on one party. The blamed can be shared around. This one is very easy.

-She is guilty of manslaughter, based on extreme recklessness causing death (the lie of rape)
-He should be charged with murder, and can plead extreme passion as a defense to murder, which can reduce the verdict to manslaughter if the jury buys it - here, they will - if ever there was a good extreme passion defense, it's this case.

So, they are both guilty of manslaughter. He should get 2-5 years, and she should get 10-20. He most certainly should not get off scot free. What he did was a homocide. You don't take the law into your own hands. In fact, this case itself, with the lie/mistake, is THE perfect poster child case demonstrating WHY it's illegal to take the law into your own hands, when it seems as though somebody "needs killin".

csmkersh
May 4, 2008, 09:47 AM
-He should be charged with murder, and can plead extreme passion as a defense to murder, which can reduce the verdict to manslaughter if the jury buys it - here, they will - if ever there was a good extreme passion defense, it's this case.

Not based on Texas law

From TxPC 9.32 (http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.002.00.000009.00.htm#9.32.00)

§ 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person
is justified in using deadly force against another:

(1) if the actor would be justified in using force against the other under Section 9.31; and

(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:

(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or

(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual aassault, robbery, or aggravated robbery.



Or are you saying if your wife said she was raped and the "perp" was attempting to leave with her you'd think she was lying?

bumm
May 4, 2008, 09:51 AM
The husband SHOULDN'T be charged with anything. It's not like this guy was caught robbing the house and was fleeing... The husband had every reason to believe he was a violent attacker who had just raped his wife. I'm not clear on whether she was still in the truck at the time shots were fired, but violent rape and robbery are two entirely different levels of crime. This one falls on the wife.
Marty

Ash
May 4, 2008, 10:06 AM
Well, the husband was being cheated on by his wife. He got to kill the "other man" and now gets a cheap divorce and keep all the stuff.

Sounds like he was a winner.

Ash

wuchak
May 4, 2008, 10:08 AM
I feel bad for Darrell Roberson and his three children who's mother turned out to be a lying tramp and who will now be in prison until they are adults.

NG VI
May 4, 2008, 11:05 AM
It isn't totally clear to me what the exact sequence of events was, but the way it reads to me is that she was in the truck with him when the husband came home, and she cried rape while still in the truck with him, possibly while still in the act.

The husband didn't set this situation up, his terrible wife did. She should get more than 2-20 years for basically murdering her boyfriend.

Rumble
May 4, 2008, 11:25 AM
The only problem I have with the way it played out legally (as opposed to "humanly," or however one could say it - in other words, the law worked, but it still sucks that somebody died) is that based on the 911 recording, the husband's questions led me to believe that he knew she was cheating, despite her protestations of rape (articles say that he continually asked her why she was cheating on him).

Now, what we don't know is how things happened before the 911 call was made. Perhaps he shot the lover, and then she said something like "I wasn't serious!" and the husband then said "Why you do me like that?" and then they concocted the story. Or any of a dozen possible scenarios.

Of course, what I believe is irrelevant; the grand jury made their call.

JWarren
May 4, 2008, 11:46 AM
Premium Sauces wrote:

Liability/responsibility is not always exclusively on one party. The blamed can be shared around. This one is very easy.

-She is guilty of manslaughter, based on extreme recklessness causing death (the lie of rape)
-He should be charged with murder, and can plead extreme passion as a defense to murder, which can reduce the verdict to manslaughter if the jury buys it - here, they will - if ever there was a good extreme passion defense, it's this case.

So, they are both guilty of manslaughter. He should get 2-5 years, and she should get 10-20. He most certainly should not get off scot free. What he did was a homocide. You don't take the law into your own hands. In fact, this case itself, with the lie/mistake, is THE perfect poster child case demonstrating WHY it's illegal to take the law into your own hands, when it seems as though somebody "needs killin".


I couldn’t disagree MORE.


I fail to see the blame that should be “shared around.”

I DO see how some want to armchair quarterback a difficult situation and pass judgment.


Let’s see.

A man sees his wife in a vehicle with a strange man. She indicates that she has been raped, and the man is trying to speed off in the vehicle with said wife.

That sounds a LOT like some of the recent rape/abductions that we have seen in the news lately—those typically end with a search team finding a raped, naked, beaten, and very dead woman in the woods.

I am SHOCKED at how narrowly some people wish to close the window of self-defense.

Explain to me EXACTLY why I would believe that my family WASN’T in danger if I were in that situation.

Explain to me EXACTLY what kind of man stands there with his thumb up his butt watching what he should absolutely believe is an abductor taking his wife.


What exactly should have been his thought process?

 Should he have questioned his wife’s statement?
 Should he have took some time to reflect upon the nature of his relationship with his wife?
 Should he have carefully considered the ramifications of potential charges?

Guys, by the time he did ANY of the above, she could be dead.


We routinely talk about 911 not being able to save you and “When seconds count, the police are minutes away.” Is this what passes for self-reliance in our society today??

Have you had a detailed discussion with your wife about your views on this? How has that changed her views of you as a husband, protector, and generally – well, a MAN?”

Right now, she is probably considering her options and re-evaluating her future with you.


If I am ever blessed to have a daughter, I hope to God that she doesn’t marry a man with such a viewpoint. He’d have a LOT more to worry about than legal proceedings if he let something like could have happened occur with my daughter. He’d have to pack, clean out the bank accounts, obtain an assumed identity, and move to Uganda.


For those that believe that the man should be convicted of some lesser crime, have you considered that you are basically stating that you wish the man to become a convicted felon and lose civil rights—including the RKBA—for this act?

Frankly, this is PRECISELY the kind of person that I WANT to bear arms in our society. He is more likely to come to the aid of those in need than a vast majority of people in our society.

And what future threat does he represent? I see him as operating in a manner that is honorable and just—even if we can’t say the same of those around him.


I don’t know… I wonder what the hell has become of our society where it could even be suggested that he is guilty of a crime based upon the circumstances.


For any of you that want to throw this man under a bus for acting to save his wife from an abductor, I sure as hell hope that YOUR wife is able to take care of herself—I doubt she could count on you. And I hope that she knows this—for her own sake.




I hope I haven't struck a nerve with anyone-- but I DO hope that I've made some think about things.


At any rate, that's my take on it.



-- John

The Tourist
May 4, 2008, 11:49 AM
Well, I believe common sense doesn't suppress anxiety and anger.

I was flipping through the channels last night and I caught a preview for the cable show, "Cheaters."

The premise was that the wife was cheating on her husband while he was deployed. The last scene of the preview showed the husband getting a 1911 from the closet.

My opinion at that moment was "cleansing breath, watch your front sight, and then center mass for double taps..."

Legal or not, how would you feel?

primer
May 4, 2008, 12:31 PM
+1 Jwarren:)

VonFireball
May 4, 2008, 12:41 PM
My take on this is that the boyfriend probably knew that she was married. Whenever you put your self in a situation with a married women you assume a certain amount of inherent danger to be involved. Even IF she wouldn't have cried rape it could have went the same way. I have seen close friends go through this type of thing before and it's not pretty. I DON'T consider a person who would have an affair with a married women to be a man, as they lack the respect qualities that a man has. I'm not overjoyed about the person being killed, but in my book he asked for it. As for the wife, she should have got out of the marrage, before she cheated which also showed a lack of respect. Someday people will realize that they are responsible for their own actions. It's hard to imagine what goes through a persons mind when they find out that the person they love is having an affair. Unless you have been through it before, you can't really judge someones reactions. But like I said before, the husband may have killed the guy even if she wouldn't have cried rape. To me the husband was the victim, not the wife or her lover because they put themselves the the situation. The husband stumbled into it. JMO!


This was the best post I read. Telling it the way it really is.

+10 Well said.

FTA84
May 4, 2008, 01:17 PM
I disagree that this fellow that got shot deserved it.

Many people have affairs without telling the other person they are married. Even if he did know they were married, the wife was the one breaking her vows, not this dude.

I am not saying by any means that cheating with someone's wife is morally correct. It just seems too many people blame the lover and not the spouse. It is always entirely the spouses fault. People just want to put blame on the lover (the stranger) instead of their spouses because they are too stubborn to admit their wife did this to them. (They say: The wife wouldn't have cheated if this guy wasn't there and I still want to have a wife.)

Blaming the guy instead of the wife for the affair, in terms of a bank robbery, is like blaming the get-away driver and pardoning the man who held up the bank because he was a customer of the bank.(They say: He wouldn't of robbed the bank if he didn't have means to get away and we still want him to honour his home loan).

I think this is a semi-good shoot. Depending on the situation, that is, on the speed/distance of the truck, shooting four shots into a truck with your wife in it is risky business! No point protecting your wife from abduction/rape if you accidently put one in her head!

JWarren
May 4, 2008, 01:31 PM
I disagree that this fellow that got shot deserved it.

Many people have affairs without telling the other person they are married. Even if he did know they were married, the wife was the one breaking her vows, not this dude.


You are forgetting the BIG point that the wife was saying that she was raped and possibly getting abducted.

Its not a question of the affair. Its a question of what the shooter was led to believe.

I think this is a semi-good shoot.


There's nothing "SEMI" about it-- unless you are expecting the man to be omnipotent.

The WIFE caused the shooting. The guy in the affair GOT shot, and the shooter tried to protect his family. Period.

The man in the affair took a risk and paid a price that he shouldn't have had to pay. The cheating wife commited a crime, and the shooting husband got manipulated.


-- John

FTA84
May 4, 2008, 03:50 PM
I wasn't implying the husband was wrong.

Just disagreeing with people who said, "This is what you get for messing around with someone's wife."

No, this is what you get when some a woman decides to scream rape to save her own ass.

Semi-good shoot not in the sense of right or wrong to shoot the offender but perhaps the situation. It is right to shoot at someone who is pointing a gun at you, it is wrong if he is also shielding himself with a child.

primer
May 4, 2008, 04:30 PM
As much as I respect your opinion. I feel that the wife and the lover had an equal part. A respectful man doesn't mess with another mans wife even if she is the one who starts the affair. This situation could have been alot different, had the man walked into his bedroom and found the man doing his wife. What do you think he would have done differently after seeing the woman he loves with another man with his own two eyes. THAT is enough to drive most men crazy. He may have shot BOTH of them after seeing that and I can honestly tell you that I wouldn't hand a guilty verdict if I was on the jury. The human mind is a very fragile and complex thing and sometimes cannot deal with the emotions that the image of the woman you love with another man. Anger and the need to protect the people you love is one of the things built into man. We are the protectors, we protect our wives, our children, our childrens children. The minute that I saw my first child, her mother and her became top priority above myself and all others. If you deal with a situation like this with very little information and ALOT of emotion you can easily go way beyond what the situation warrants. The man was faced with an unthinkable situation that from what I've seen so far was no fault of his own.

Don Gwinn
May 4, 2008, 04:52 PM
I think we've pretty well covered the bases here. If the husband thought he was stopping a rapist from escaping (possibly with the victim) then the shooting was justified.

If the husband knew his wife hadn't been raped, then he was murdering her lover and that's not justified.

The jury thought the first "what if" was the true one.

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