| Topic: |
Sociology > Depression |
| User: |
"Bacon" |
| Date: |
31 Mar 2007 02:01:35 PM |
| Object: |
Interesting Case in Texas |
ARLINGTON, Texas (AP) -- Darrell Roberson came home from a card game
late one night to find his wife rolling around with another man in a
pickup truck in the driveway.
Caught in the act with her lover, Tracy Denise Roberson -- thinking
quickly, if not clearly -- cried rape, authorities say. Her husband
pulled a gun and killed the other man with a shot to the head.
On Thursday, a grand jury handed up a manslaughter indictment --
against the wife, not the husband.
The grand jury declined to charge the husband with murder, the charge
on which he was arrested by police.
"If I found somebody with my wife or with my kids in my house, there's
no telling what I might do," said Juan Muniz, 33, who was having lunch
Friday with one of his two small children at a restaurant in the
middle-class suburban Dallas neighborhood where the Robersons lived.
"I probably would have done the same thing."
Tracy Roberson, 35, could get two to 20 years in prison in the slaying
of Devin LaSalle, a 32-year-old UPS employee.
Assistant District Attorney Sean Colston declined to comment on
specifics of the case or the grand jury proceedings but said Texas law
allows a defendant to claim justification if he has "a reasonable
belief that his actions are necessary, even though what they believe
at the time turns out not to be true."
Mark Osler, a Baylor University law school professor and a former
federal prosecutor, said the grand jurors evidently put themselves in
the husband's place: "I can see one of them saying, 'I would have shot
the guy, too. I was just protecting my wife.' "
The December night before the shooting, Tracy Roberson sent LaSalle a
text message that read in part, "Hi friend, come see me please! I need
to feel your warm embrace!" according to court papers. LaSalle
apparently agreed.
Darrell Roberson, a 38-year-old employee of a real estate firm,
discovered the two, his wife clad in a robe and underwear.
When Tracy Roberson cried that she was being raped, LaSalle tried to
drive away and her husband drew the gun he happened to be carrying and
fired several shots at the truck, authorities said.
Darrell Roberson's attorney did not immediately return a call for
comment.
His wife also was charged with making a false report to a police
officer -- for allegedly saying she was raped -- and could get up to
six months behind bars on that offense. It was not immediately clear
whether she had a lawyer.
She had not been arrested as of Friday afterno
.
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| User: "Rhiannon" |
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| Title: Re: Interesting Case in Texas |
31 Mar 2007 01:49:54 PM |
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"Bacon" <rbkfour@yahoo.com> wrote in message
news:mtbt03tjm9vab0plgui7tjkgdi406asv9h@4ax.com...
ARLINGTON, Texas (AP) -- Darrell Roberson came home from a card game
late one night to find his wife rolling around with another man in a
pickup truck in the driveway.
Caught in the act with her lover, Tracy Denise Roberson -- thinking
quickly, if not clearly -- cried rape, authorities say. Her husband
pulled a gun and killed the other man with a shot to the head.
On Thursday, a grand jury handed up a manslaughter indictment --
against the wife, not the husband.
That's a really interesting twist. Fitting too. I hope she gets the max.
--
Rhi
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| User: "mighty mouse" |
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| Title: Re: Interesting Case in Texas |
31 Mar 2007 08:58:44 PM |
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Bacon wrote:
ARLINGTON, Texas (AP) -- Darrell Roberson came home from a card game
late one night to find his wife rolling around with another man in a
pickup truck in the driveway.
Caught in the act with her lover, Tracy Denise Roberson -- thinking
quickly, if not clearly -- cried rape, authorities say. Her husband
pulled a gun and killed the other man with a shot to the head.
On Thursday, a grand jury handed up a manslaughter indictment --
against the wife, not the husband.
The grand jury declined to charge the husband with murder, the charge
on which he was arrested by police.
"If I found somebody with my wife or with my kids in my house, there's
no telling what I might do," said Juan Muniz, 33, who was having lunch
Friday with one of his two small children at a restaurant in the
middle-class suburban Dallas neighborhood where the Robersons lived.
"I probably would have done the same thing."
Tracy Roberson, 35, could get two to 20 years in prison in the slaying
of Devin LaSalle, a 32-year-old UPS employee.
Assistant District Attorney Sean Colston declined to comment on
specifics of the case or the grand jury proceedings but said Texas law
allows a defendant to claim justification if he has "a reasonable
belief that his actions are necessary, even though what they believe
at the time turns out not to be true."
Mark Osler, a Baylor University law school professor and a former
federal prosecutor, said the grand jurors evidently put themselves in
the husband's place: "I can see one of them saying, 'I would have shot
the guy, too. I was just protecting my wife.' "
The December night before the shooting, Tracy Roberson sent LaSalle a
text message that read in part, "Hi friend, come see me please! I need
to feel your warm embrace!" according to court papers. LaSalle
apparently agreed.
Darrell Roberson, a 38-year-old employee of a real estate firm,
discovered the two, his wife clad in a robe and underwear.
When Tracy Roberson cried that she was being raped, LaSalle tried to
drive away and her husband drew the gun he happened to be carrying and
fired several shots at the truck, authorities said.
Darrell Roberson's attorney did not immediately return a call for
comment.
His wife also was charged with making a false report to a police
officer -- for allegedly saying she was raped -- and could get up to
six months behind bars on that offense. It was not immediately clear
whether she had a lawyer.
She had not been arrested as of Friday afterno
hmm...but if the guy was trying to get away, then any perceived threat
was over and there was no longer any risk to the wife. Therefore the
shooting wasn't justfied? I'm just theorising, all I know about US law
is what I see on shows like Law and Order.
I think they should both face some sort of charges. Maybe manslaughter
for each of them.
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| User: "Bacon" |
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| Title: Re: Interesting Case in Texas |
31 Mar 2007 10:56:14 PM |
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On Sun, 01 Apr 2007 11:58:44 +1000, mighty mouse
<kye_99@NOSPAMyahoo.com> wrote:
Bacon wrote:
ARLINGTON, Texas (AP) -- Darrell Roberson came home from a card game
late one night to find his wife rolling around with another man in a
pickup truck in the driveway.
Caught in the act with her lover, Tracy Denise Roberson -- thinking
quickly, if not clearly -- cried rape, authorities say. Her husband
pulled a gun and killed the other man with a shot to the head.
On Thursday, a grand jury handed up a manslaughter indictment --
against the wife, not the husband.
The grand jury declined to charge the husband with murder, the charge
on which he was arrested by police.
"If I found somebody with my wife or with my kids in my house, there's
no telling what I might do," said Juan Muniz, 33, who was having lunch
Friday with one of his two small children at a restaurant in the
middle-class suburban Dallas neighborhood where the Robersons lived.
"I probably would have done the same thing."
Tracy Roberson, 35, could get two to 20 years in prison in the slaying
of Devin LaSalle, a 32-year-old UPS employee.
Assistant District Attorney Sean Colston declined to comment on
specifics of the case or the grand jury proceedings but said Texas law
allows a defendant to claim justification if he has "a reasonable
belief that his actions are necessary, even though what they believe
at the time turns out not to be true."
Mark Osler, a Baylor University law school professor and a former
federal prosecutor, said the grand jurors evidently put themselves in
the husband's place: "I can see one of them saying, 'I would have shot
the guy, too. I was just protecting my wife.' "
The December night before the shooting, Tracy Roberson sent LaSalle a
text message that read in part, "Hi friend, come see me please! I need
to feel your warm embrace!" according to court papers. LaSalle
apparently agreed.
Darrell Roberson, a 38-year-old employee of a real estate firm,
discovered the two, his wife clad in a robe and underwear.
When Tracy Roberson cried that she was being raped, LaSalle tried to
drive away and her husband drew the gun he happened to be carrying and
fired several shots at the truck, authorities said.
Darrell Roberson's attorney did not immediately return a call for
comment.
His wife also was charged with making a false report to a police
officer -- for allegedly saying she was raped -- and could get up to
six months behind bars on that offense. It was not immediately clear
whether she had a lawyer.
She had not been arrested as of Friday afterno
hmm...but if the guy was trying to get away, then any perceived threat
was over and there was no longer any risk to the wife. Therefore the
shooting wasn't justfied? I'm just theorising, all I know about US law
is what I see on shows like Law and Order.
I think they should both face some sort of charges. Maybe manslaughter
for each of them.
It's a difficult situation, and by the letter of the law I think
you're right, if he had a gun and the "rapist" was no longer
threatening, a revenge/anger shooting would not be justified.
But here is a man that has your wife in his grasp and you grab your
gun and shoot before he has a chance to use her as a shield or get her
in a strangle hold or whatever. Her life is in too much immediate
danger to "rationalize" with an apparent violent attacker at that
instant.
.
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| User: "Gayle" |
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| Title: Re: Interesting Case in Texas |
01 Apr 2007 10:36:45 AM |
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Bacon wrote:
On Sun, 01 Apr 2007 11:58:44 +1000, mighty mouse
<kye_99@NOSPAMyahoo.com> wrote:
Bacon wrote:
ARLINGTON, Texas (AP) -- Darrell Roberson came home from a card game
late one night to find his wife rolling around with another man in a
pickup truck in the driveway.
Caught in the act with her lover, Tracy Denise Roberson -- thinking
quickly, if not clearly -- cried rape, authorities say. Her husband
pulled a gun and killed the other man with a shot to the head.
On Thursday, a grand jury handed up a manslaughter indictment --
against the wife, not the husband.
The grand jury declined to charge the husband with murder, the charge
on which he was arrested by police.
"If I found somebody with my wife or with my kids in my house, there's
no telling what I might do," said Juan Muniz, 33, who was having lunch
Friday with one of his two small children at a restaurant in the
middle-class suburban Dallas neighborhood where the Robersons lived.
"I probably would have done the same thing."
Tracy Roberson, 35, could get two to 20 years in prison in the slaying
of Devin LaSalle, a 32-year-old UPS employee.
Assistant District Attorney Sean Colston declined to comment on
specifics of the case or the grand jury proceedings but said Texas law
allows a defendant to claim justification if he has "a reasonable
belief that his actions are necessary, even though what they believe
at the time turns out not to be true."
Mark Osler, a Baylor University law school professor and a former
federal prosecutor, said the grand jurors evidently put themselves in
the husband's place: "I can see one of them saying, 'I would have shot
the guy, too. I was just protecting my wife.' "
The December night before the shooting, Tracy Roberson sent LaSalle a
text message that read in part, "Hi friend, come see me please! I need
to feel your warm embrace!" according to court papers. LaSalle
apparently agreed.
Darrell Roberson, a 38-year-old employee of a real estate firm,
discovered the two, his wife clad in a robe and underwear.
When Tracy Roberson cried that she was being raped, LaSalle tried to
drive away and her husband drew the gun he happened to be carrying and
fired several shots at the truck, authorities said.
Darrell Roberson's attorney did not immediately return a call for
comment.
His wife also was charged with making a false report to a police
officer -- for allegedly saying she was raped -- and could get up to
six months behind bars on that offense. It was not immediately clear
whether she had a lawyer.
She had not been arrested as of Friday afterno
hmm...but if the guy was trying to get away, then any perceived threat
was over and there was no longer any risk to the wife. Therefore the
shooting wasn't justfied? I'm just theorising, all I know about US law
is what I see on shows like Law and Order.
I think they should both face some sort of charges. Maybe manslaughter
for each of them.
It's a difficult situation, and by the letter of the law I think
you're right, if he had a gun and the "rapist" was no longer
threatening, a revenge/anger shooting would not be justified.
But here is a man that has your wife in his grasp and you grab your
gun and shoot before he has a chance to use her as a shield or get her
in a strangle hold or whatever. Her life is in too much immediate
danger to "rationalize" with an apparent violent attacker at that
instant.
Yeah, but the guy that got shot was
drivin' away. The wife wasn't in the
truck. One of my favorite murder
defenses was in Texas and involved a
murder where the defendant didn't have
any immediate provocation. On the stand
he said, "He was a bad guy who needed
killin'". The jury agreed and acquitted.
Gayle
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| User: "CyberDroog" |
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| Title: Re: Interesting Case in Texas |
02 Apr 2007 06:09:49 AM |
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On Sun, 01 Apr 2007 11:36:45 -0400, Gayle <gayleco@rcn.com> wrote:
Yeah, but the guy that got shot was
drivin' away. The wife wasn't in the
truck. One of my favorite murder
defenses was in Texas and involved a
murder where the defendant didn't have
any immediate provocation. On the stand
he said, "He was a bad guy who needed
killin'". The jury agreed and acquitted.
That's part of the reason we have a jury system. A professional,
dispassionate judge may be able to render close to perfect legal decisions,
but it is less likely that he will have the quality of empathy that twelve
people on a jury can.
In a case like this a jury is twelve average people who sit there and
wonder what they might do in the same situation. That can often lead to a
better decision, IMO.
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| User: "Thomas Dehn" |
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| Title: Re: Interesting Case in Texas |
02 Apr 2007 08:59:21 AM |
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x-no-archive: yes
"CyberDroog" <CyberDroog@ClockworkOrange.com> wrote:
On Sun, 01 Apr 2007 11:36:45 -0400, Gayle <gayleco@rcn.com> wrote:
Yeah, but the guy that got shot was
drivin' away. The wife wasn't in the
truck. One of my favorite murder
defenses was in Texas and involved a
murder where the defendant didn't have
any immediate provocation. On the stand
he said, "He was a bad guy who needed
killin'". The jury agreed and acquitted.
That's part of the reason we have a jury system. A professional,
dispassionate judge may be able to render close to perfect legal decisions,
but it is less likely that he will have the quality of empathy that twelve
people on a jury can.
So, the outcome of a trial should be based on empathy,
rather than on fact. Such as, say, "the plaintiff has it really
bad, and the defendant has a lot of money, thus
the defendant has to pay 89 million to the plaintiff"?
Or the old empathy for the white guy who shot the black guy,
just because he was black?
Thomas
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| User: "CyberDroog" |
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| Title: Re: Interesting Case in Texas |
03 Apr 2007 12:48:41 AM |
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On Mon, 2 Apr 2007 15:59:21 +0200, "Thomas Dehn" <thomas-usenet@arcor.de>
wrote:
"CyberDroog" <CyberDroog@ClockworkOrange.com> wrote:
That's part of the reason we have a jury system. A professional,
dispassionate judge may be able to render close to perfect legal decisions,
but it is less likely that he will have the quality of empathy that twelve
people on a jury can.
So, the outcome of a trial should be based on empathy,
rather than on fact. Such as, say, "the plaintiff has it really
bad, and the defendant has a lot of money, thus
the defendant has to pay 89 million to the plaintiff"?
Or the old empathy for the white guy who shot the black guy,
just because he was black?
No. I was speaking of empathy as in the jury deciding what *they* would do
in the same situation. Deciding what a reasonable person would do given the
same circumstances is a lynchpin of common law in the U.S.
Laws can't be considered to be absolute or you can end up with as little
justice as if you had no laws at all.
A simpler case; happened a year or two ago - a man violated a police and
fire department order to stay back from an apartment fire. But the man
broke through the line because his dog was trapped in his second-floor
apartment and scratching furiously at the patio door. The guy saved his dog
and was then arrested. He clearly violated the law but there was no chance
he could be convicted of it. The whole incident was on video and no jury
would ever find him guilty.
Of course "reasonable" depends on where you live. Reasonable, in Texas,
usually allows for more gunfire. In Massachusetts, you are required by law
to flee your home rather than defend it with deadly force.
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| User: "Gayle" |
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| Title: Re: Interesting Case in Texas |
03 Apr 2007 05:16:21 AM |
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CyberDroog wrote:
Of course "reasonable" depends on where you live. Reasonable, in Texas,
usually allows for more gunfire. In Massachusetts, you are required by law
to flee your home rather than defend it with deadly force.
Unless the intruder calls you a name
(and it has to be a specific slur
relating to race, ethnicity, gender or
sexual preference). Then yer required to
shoot to kill.
Gayle
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| User: "CyberDroog" |
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| Title: Re: Interesting Case in Texas |
04 Apr 2007 12:29:28 AM |
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On Tue, 03 Apr 2007 06:16:21 -0400, Gayle <gayleco@rcn.com> wrote:
CyberDroog wrote:
Of course "reasonable" depends on where you live. Reasonable, in Texas,
usually allows for more gunfire. In Massachusetts, you are required by law
to flee your home rather than defend it with deadly force.
Unless the intruder calls you a name
(and it has to be a specific slur
relating to race, ethnicity, gender or
sexual preference). Then yer required to
shoot to kill.
Only if the intruder happens to be a Republican. If it's a Democrat you
have to be understanding and let the healing begin.
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| User: "CyberDroog" |
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| Title: Re: Interesting Case in Texas |
02 Apr 2007 06:03:06 AM |
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On Sun, 01 Apr 2007 11:58:44 +1000, mighty mouse <kye_99@NOSPAMyahoo.com>
wrote:
hmm...but if the guy was trying to get away, then any perceived threat
was over and there was no longer any risk to the wife. Therefore the
shooting wasn't justfied? I'm just theorising, all I know about US law
is what I see on shows like Law and Order.
I think they should both face some sort of charges. Maybe manslaughter
for each of them.
Texas permits police officers to shoot at fleeing felons. Maybe the same
applies to citizens who stumble upon a felony.
.
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| User: "the_dawggie" |
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| Title: Re: Interesting Case in Texas |
31 Mar 2007 11:58:11 PM |
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On Apr 1, 5:01 am, Bacon <rbkf...@yahoo.com> wrote:
ARLINGTON, Texas (AP) -- Darrell Roberson came home from a card game
late one night to find his wife rolling around with another man in a
pickup truck in the driveway.
Caught in the act with her lover, Tracy Denise Roberson -- thinking
quickly, if not clearly -- cried rape, authorities say. Her husband
pulled a gun and killed the other man with a shot to the head.
On Thursday, a grand jury handed up a manslaughter indictment --
against the wife, not the husband.
The grand jury declined to charge the husband with murder, the charge
on which he was arrested by police.
"If I found somebody with my wife or with my kids in my house, there's
no telling what I might do," said Juan Muniz, 33, who was having lunch
Friday with one of his two small children at a restaurant in the
middle-class suburban Dallas neighborhood where the Robersons lived.
"I probably would have done the same thing."
Tracy Roberson, 35, could get two to 20 years in prison in the slaying
of Devin LaSalle, a 32-year-old UPS employee.
Assistant District Attorney Sean Colston declined to comment on
specifics of the case or the grand jury proceedings but said Texas law
allows a defendant to claim justification if he has "a reasonable
belief that his actions are necessary, even though what they believe
at the time turns out not to be true."
Mark Osler, a Baylor University law school professor and a former
federal prosecutor, said the grand jurors evidently put themselves in
the husband's place: "I can see one of them saying, 'I would have shot
the guy, too. I was just protecting my wife.' "
The December night before the shooting, Tracy Roberson sent LaSalle a
text message that read in part, "Hi friend, come see me please! I need
to feel your warm embrace!" according to court papers. LaSalle
apparently agreed.
Darrell Roberson, a 38-year-old employee of a real estate firm,
discovered the two, his wife clad in a robe and underwear.
When Tracy Roberson cried that she was being raped, LaSalle tried to
drive away and her husband drew the gun he happened to be carrying and
fired several shots at the truck, authorities said.
Darrell Roberson's attorney did not immediately return a call for
comment.
His wife also was charged with making a false report to a police
officer -- for allegedly saying she was raped -- and could get up to
six months behind bars on that offense. It was not immediately clear
whether she had a lawyer.
She had not been arrested as of Friday afterno
Hmmm, that I suspect is a reason for gun laws where I
live.
I will be fairly violent to protect my everything, however
getting the rego of the truck might have been a better
option, and then giving the wife a biatch slap, or asking
for a 3-some encounter - as the case may be.
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| User: "" |
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| Title: Re: Interesting Case in Texas |
31 Mar 2007 01:34:51 PM |
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Shaking head. Unbelievable, imho.
Rose
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