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Follow up: Wife convicted after husband fatally shoots lover

Discussion in 'Legal' started by k_dawg, May 3, 2008.

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  1. k_dawg

    k_dawg Member

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    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.
     
  2. skinewmexico

    skinewmexico Member

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    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.
     
  3. Taptaps

    Taptaps Member

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    LOL. THat law must have been put into writing after some old ass politician couldn't keep track of his trophy.
     
  4. Biker

    Biker Member

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    No winners in this one.

    Biker
     
  5. mek42

    mek42 Member

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    I agree with Biker on this one, though it seems like the system actually worked this time.
     
  6. wyocarp

    wyocarp Member

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    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."
     
  7. kurtmax

    kurtmax Member

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    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.
     
  8. csmkersh

    csmkersh Member

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    Not really. But that's the way many DAs did things 75 years back.
     
  9. calaverasslim

    calaverasslim Member

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    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???
     
  10. divemedic

    divemedic Member

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    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.
     
  11. gallo

    gallo Member

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    The best advise is not to mess with married women
     
  12. revjen45

    revjen45 Member

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    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.
     
  13. GILROY

    GILROY Member

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    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.
     
  14. Rumble

    Rumble Member

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    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.
     
  15. DEDON45

    DEDON45 Member

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    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.
     
  16. primer

    primer Member

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    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!
     
  17. jgo296

    jgo296 member

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    i say the guy shoulda been in trouble
    seems like a revenge shooting
    what imminent danger does a guy driving away pose?
     
  18. Rumble

    Rumble Member

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    Guy may have been driving away with the wife, though.
     
  19. cracked butt

    cracked butt Member

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    The only player in this drama that was 'innocent' was the husband.
     
  20. primer

    primer Member

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    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.
     
  21. goalie

    goalie Member

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

    lacoochee Member

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    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:
     
  23. jaholder1971

    jaholder1971 Member

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    This day and age, wouldn't put it past them...
     
  24. Dr. Tad Hussein Winslow

    Dr. Tad Hussein Winslow member

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    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".
     
  25. csmkersh

    csmkersh Member

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    Not based on Texas law

    From TxPC 9.32

    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?


     
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