This is SAD

[Krystal]

OMG! THAT IS A HORRIBLE AND SAD ARTICLE. WE ALL JUST NEED TO BE CAREFUL OF WHO WE SEE AND WATCH FOR SIGN OF EXTREME BEHAVIOR. UGH


SAID A PRAYER.....

[LexusLover]

Originally Posted by luxury daphne

If they spent half of vice's budget on cases like this, .....

Well, it looks like "they" managed to track the guy down on a "shoe-string"!

I say: Good police work. Keep it up!

Also, I say: Thank you ..... "drug dealer" ...

... and here is a "get out of jail free" card!

[gnadfly]

From http://www.caller.com/news/2010/may/...rs-get-solved/

But it's in the apparent motives of homicides where the discrepancies in solution rates become enormous.
According to the FBI's Supplementary Homicide Report -- in which police are asked if they can identify the killer rather than if they've made an arrest -- 98 percent of all homicides involving a lover's triangle or other lover's quarrels are solved. About 95 percent of all homicides that erupted from an emotional argument over money are also solved.
Also easily identified are the killers who take human life during an alcohol- or drug-influenced "brawl" -- the term FBI statisticians used for a fatal fight regardless of the kind of weapons used. Police identify the offender in about 90 percent of these homicides.
But solution rates quickly drop when human passion is not the cause.
Only about two-thirds of all robbery-based homicides are solved. About 63 percent of killings committed during an illegal drug transaction are solved, as are only 57 percent of killings over gang-related disputes.
"When women are victims, by the way, in cases of gang-related homicides, the clearance rates are actually lower than when there is a male victim," said Wellford. "We have no idea why."
At the bottom of the scale of solution probabilities were the 139,491 homicides in which police were not able to guess at the motive for the killing. Only 36 percent of the perpetrators of these truly mysterious killings were identified.


My guess 'identified' or 'cleared' or 'solved' in the article is not synonymous with 'apprehended, tried and convicted.'

[ICEY_CAKEZ6969]

I with you Daph

[Hot to Trot Daphne]

Thank God they caught that fucker. What a creep. I wonder what sick chick is going to start corresponding with him in jail this time and wind up marrying him.

[Tony Montana]

He'll probably get at least 50 years. I wonder why it's not capital murder since it was clearly premeditated.

[LexusLover]

Originally Posted by Tony Montana

I wonder why it's not capital murder since it was clearly premeditated.

"premeditation" is not an element of murder in Texas, which means it is not an element of capital murder.

Texas Penal Code § 19.02. MURDER.
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;

Sec. 19.03. CAPITAL MURDER. (a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:
(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);
(3) the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;
(7) the person murders more than one person:
(A) during the same criminal transaction; or
(B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;
(8) the person murders an individual under six years of age; or
(9) the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court."
____________End Quoted Material___________
Note: the "missing" provisions have to do with acts while in custody/incarcerated.

Two points: With his apparent record he should get "habitual" status as a sentencing enhancement AND the LE have apparently concluded that the "arson" (burning the car) was to cover up the murder, so the killing was not "in the course of" the arson.

As I said "premeditation" is not an element. The "intent" for capital murder must be that the person "intended to kill" while in "plain" murder the "intent" is that the person "intended the act" that caused the murder. And there is a proof difference. I have quoted that portion of the "murder" statute that is referenced under capital murder ONLY.

The point is, also, for all of you "gunslinging" and "licensed" cowboys ..... if you intentionally shoot at person "A" in the process of defending yourself against the acts of person "A" and kill person "B" (because you either missed or were using "too hot" rounds that passed through), then you have "murdered" person "B" against whom you had no reason to defend yourself, because ...

you intended the act of discharging the weapon.

[Tony Montana]

Originally Posted by LexusLover

"premeditation" is not an element of murder in Texas, which means it is not an element of capital murder.

So the court doesn't take into account that he deliberately planned out the murder and the way in which he planned to try to cover it up?

[LexusLover]

Originally Posted by Tony Montana

So the court doesn't take into account that he deliberately planned out the murder and the way in which he planned to try to cover it up?

So far as I have read ..... where are the facts that he ....

"deliberately planned out the murder" ... first off ......

secondly, for punishment purposes any "planning" or "cover up" may be considered in the length of time he gets for MURDER, but ... as you can see it is not an "element" that would "enhance" the murder to capital murder.

For your information the laundry list of "capital murder" acts were the result of "discriminatory" death sentences for "MURDER" along with the "intent" element to assure that the death sentence was not applied based on race or political reasons, but could be given in factual specific instances. As horrible as this crime may appear, like many, it probably does not qualify for the death penalty under Texas law.... based on the facts as they have been published.

As a practical matter, this guy could probably plea to a life sentence on the cap murder charge to avoid the neddle, but have a mandatory minimum without parole on the life sentence, but more than likely could get an extended straight murder sentence, which might give him an opportunity to get out sooner with some "good time" credits ... if the board paid attention to the "good time" ....

If the facts (evidence) can be discovered and preserved that would show or even indicate that the murder was committed in the course of .... one of the listed offenses and the murder was intended ... then capital murder could still be "on the table."

Case in Point:

http://www.msnbc.msn.com/id/17779607/

You probably remember that one? Sounds "similar" ... except worse to me!

A jury gave him 99 years for MURDER with a non-firearm weapons charge. [It is on appeal]. No capital murder.

[Tony Montana]

(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3),

Maybe one of these could apply.

Even if he doesn't get life without parole, I hope he gets a long enough sentece that he'll die in prison. Like 70 or 80 years.

[Hot to Trot Daphne]

Originally Posted by LexusLover

Well, it looks like "they" managed to track the guy down on a "shoe-string"!

I say: Good police work. Keep it up!

Also, I say: Thank you ..... "drug dealer" ...

... and here is a "get out of jail free" card!

Things that make you go "hummmm?"

[LexusLover]

[quote=Tony Montana; Maybe one of these could apply.

Even if he doesn't get life without parole, I hope he gets a long enough sentece that he'll die in prison. Like 70 or 80 years.[/quote]

Proving one of them are often problematic, .....

..... sometimes "long enough" is much less than any sentence.

Example: The recent demise of the "craig list" killer.

A more famous one is the Boston Strangler.

[LexusLover]

Originally Posted by luxury daphne

Things that make you go "hummmm?"

Not me, what makes go "hummmmmmm" or more often ...

.... "give me a break"! are ..... comments like .......

"If they spent half of vice's budget on cases like this, ....."

.... when all of the facts are not available regarding LE efforts .......