Aqcuittal for shooting Escort. Services not rendered.

[Roger.Smith]

I was always under the belief that using a gun during the commission of a crime escalated charges. I'm unclear how this would be different that shooting someone over another type of illegal transaction.

A jury in Bexar County, Texas just acquitted Ezekiel Gilbert of charges that he murdered a 23-year-old Craigslist escort—agreeing that because he was attempting to retrieve the $150 he'd paid to Frago, who wouldn't have sex with him, his actions were justified.
Gilbert had admitted to shooting Lenora Ivie Frago in the neck on Christmas Eve 2009, when she accepted $150 from Gilbert and left his home without having sex with him. Frago, who was paralyzed by the shooting, died several months later.
Gilbert's defense argued that the shooting wasn't meant to kill, and that Gilbert's actions were justified, because he believed that sex was included as part of the fee. Texas law allows people "to use deadly force to recover property during a nighttime theft."
The 30-year-old hugged his defense attorneys after the "not guilty" verdict was read by the judge. If convicted, he could have faced life in prison. He thanked God, his lawyers, and the jury for being able to "see what wasn't the truth."

[Stockinglover]

Wow that is some fucked up shit!!! Damn.

[instfixer]

While it escalated the charges...

The jury found the guy 'not guilty'

The defense lawyer EASILY cost $30,000 and I think MORE like $50,000+ !!

Do you think he should have just let her go? Yes he would be out $150 but he could sleep that night. Except he had nightmares for 3 1/2 years

[threepeckeredbillygoat]

Yup, its fucked up. Every now and them some sorry motherfucker gets away with murde. Casey Anthony, OJ, Robert Blake, ect. Its a damn shame.

[Roger.Smith]

Originally Posted by instfixer

While it escalated the charges...

The jury found the guy 'not guilty'

The defense lawyer EASILY cost $30,000 and I think MORE like $50,000+ !!

Do you think he should have just let her go? Yes he would be out $150 but he could sleep that night. Except he had nightmares for 3 1/2 years

True. It ended up being the most expensive session of his life. I'm not a lawyer, I would have thought the fact that it was an illegal transaction would have negated the robbery and the jury would have been instructed as such. I guess not.

[Jewish Lawyer]

Originally Posted by Roger.Smith

True. It ended up being the most expensive session of his life. I'm not a lawyer, I would have thought the fact that it was an illegal transaction would have negated the robbery and the jury would have been instructed as such. I guess not.

So under your theory, if you go to a prostitute and pay her for sex, which in Texas is illegal, can she shoot you and not be prosecuted, because you don't have "clean hands"?

clean hands doctrine n. a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim. His/her activities not involved in the legal action can be abominable since it is considered irrelevant. As an affirmative defense (positive response) a defendant might claim the plaintiff (party suing him/her) has a "lack of clean hands" or "violates the clean hands doctrine" because the plaintiff has misled the defendant or has done something wrong regarding the matter under consideration. Example: A former partner sues on a claim that he was owed money on a consulting contract with the partnershiip when he left, but the defense states that the plaintiff (party suing) has tried to get customers from the partnership by spreading untrue stories about the remaining partner's business practices. (See: affirmative defense)
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

[Alina Lili]

Ethics and logic? I abhor anyone who thinks this is a case of "she got what was coming".
The legal codes? Any good defense lawyer will use this, it's their job.
This specific law? I don't care for it but it swings both ways.
Ezekiel Gilbert? Really? A machine gun while she leaves? If you believe this is right in your head, it's your head that should be checked.
The jury? Disgusting.

[KittyLamour]

It is an absolute shame that this travesty of justice occurred in the United States of America. Reading that made me sick....

[Jimmiwad]

This is just wrong. Maybe the Mexican Mafia will set it right. If anyone deserves a bullet behind the ear it is this asshole.
Killing a young pretty girl over $150 lousy dollars. Un fukin believable.

[straightshooter30]

Originally Posted by Roger.Smith

<snip>... I would have thought the fact that it was an illegal transaction would have negated the robbery and the jury would have been instructed as such. I guess not.

In the Maine Zumba case, the judge ruled because the act was illegal, clients had no expectation of privacy regarding the illegally video recording of the session... Some legal scholars said it was narrow focused and wouldn't likely set a precedent...

[Sidewinder]

Roger, everyone, read the Texas statutes on use of force and use of deadly force.

You might be surprised by what you learn.

[ck1942]

Use of force statutes aside,

1) a deplorable act - violent reaction to a "theft" of cash. I am assuming this happened in the man's house and not in a hotel room which might have made a difference.

2) a jury presented, most likely, with judicial instructions regarding the statutes. Cannot blame the jurors in this instance, even if they wanted to revolt and find him guilty.

3) karma rulez and the provider's survivors will (if they haven't already) file a serious civil suit despite the criminal jury's verdict.

Yes there is some culpability on the part of the provider's for cash and dash, but the consequences seriously out of whack with the act.

Karma will more or less make things even, especially if the jerk with the weapon has a handle anywhere on an escort board and gets outed there. No doubt his physical address plus his name are easily discovered.

[natasteewsym]

Wow, this is good news. Good riddance to the thief.

[skirtchaser79411]

So does this mean all girls that do cash and dash or fuck you over are fair game

[natasteewsym]

Damn right skirtchaser.