Update: Texas Shooter Convicted, Sentenced to Life

Thanks for the update.

Anyone from Texas care to explain felony murder to those of us from outside the Lone Star State?

lpl
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On Thursday, after five hours of deliberation, a Liberty County jury found 44-year-old Sheila Muhs guilty of felony murder in the May 7, 2009, shooting. The jury will return today to decide her punishment, which could range from five years to life in prison. -- http://www.chron.com/disp/story.mpl/metropolitan/7522277.html

Felony murder in Texas:

Sec. 19.02 (b)
A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.


It would appear that the jury found that Sec 19.02(b)(2) applied here.

Lee Lapin said:

Anyone from Texas care to explain felony murder to those of us from outside the Lone Star State?

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The conviction seems to be for murder as a first-degree felony. This requires (1) intentionally or knowingly causing death of another, (2) intending to cause serous bodily injury that results in a death, or (3) causes the death of another while in the commission of a felony. If the defense sufficiently shows that it was commited under the influence of sudden passion, the jury can convict of a second-degree felony instead.

Contrast this to capital murder, which has the elements of first-degree felony murder plus aggravating circumstances. A conviction of capital murder results in mandatory life without parole if the jury doesn't hand down a death sentence.

why would they fire a shotgun at a vehicle driving on a levee??

call the police!

since these trespassers did not pose an immediate threat to anyone's life--the shooter did indeed break the law, and they needlessly killed a little kid in the process.

hope they don't drop the soap

As I recall, one of the two fired a shot from the shotgun into the vehicle without warning, then proceeded to hand the shotgun to the other so they could take a shot at the vehicle as well.

^^they certainly sound like a couple of intelligent people....

Apocalypse-Now said:

why would they fire a shotgun at a vehicle driving on a levee??

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Because they were a couple of lowlife scum who should have never had a gun in the first place. IIRC one or both were already convicted felons before the shooting.

^^in that case, i hope they do drop the soap

Those two were nuts and I am glad they are locked up.

A 7 year boy needlessy died at their hands. If you own a firearm, you must be responsible for your actions. These 2 deserve everything the get, and more.

One of the original articles:

http://www.chron.com/disp/story.mpl/headline/metro/6414373.html

Sad story, I am glad justice (at this point) has been partially served.

Sounds like some genuine scumbags. They deserve every bit of time the court gives them. Their actions were just completely out of line.

Good.

As I recall, one of the two fired a shot from the shotgun into the vehicle without warning, then proceeded to hand the shotgun to the other so they could take a shot at the vehicle as well.

Click to expand...

I recall that as well. The other thing that stands out in my mind from reading the original article is this:



They look like some real class acts.

Doesn't matter who the people are or how they look. Only what they did.

I say this because there are plenty of people here who more or less hope that one day someone will set foot on their property so they'll finally have an excuse to exercise their castle doctrine rights.

Hopefully, it will dawn on some of them that the law might just not work the way they thought it did. Preferably before another kid gets killed.

If the person they shot at had been taking their property or endangering others I might POSSIBLY see them firing (you can use lethal force in Texas to retrieve property IF there is no other way to get it back.)

But, this was simple trespass, if that, by a kid on a four wheeler. I have no doubt they were drunk or on drugs or something.

Just this week in Angelina County some idiots, drunk, were shooting at a tree. Behind it was some oil wells and thus a danger. Cops called there and since they were on the other side of the river they told the cops to go stuff it (and other much more derogatory statements.) Cops got teed-off and called in backup. All roads blocked. Five of them caught. Two DWI, one a felon in possession, and all drunk. Such was their idea of a Memorial Day celebration.

There are idiots out there I tell you and they are totally capable of killing either by accident or on purpose.

Deaf