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Justice

Originally posted by: JEDIYoda
Originally posted by: wazzledoozle
http://www.wmur.com/news/11469250/detail.html

Interesting. Wife cries rape, husband shoots the guy driving away. Wife gets 2-20 😀
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reading comprehension??
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Yeah, you should work on it.

"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."
 
The husband ought to get some sort of charges pressed, shooting as the guy was driving away was totally unnecessary. In fact, now that their marriage is up in flames, the wife might try to use that defense.
 
Originally posted by: slash196
The husband ought to get some sort of charges pressed, shooting as the guy was driving away was totally unnecessary. In fact, now that their marriage is up in flames, the wife might try to use that defense.
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He thought his wife was being raped and kidnapped. What he did was perfectly justified because he thought he was defending his wife from severe bodily harm and possible death.
 
Originally posted by: blackllotus
Originally posted by: slash196
The husband ought to get some sort of charges pressed, shooting as the guy was driving away was totally unnecessary. In fact, now that their marriage is up in flames, the wife might try to use that defense.
Click to expand...

He thought his wife was being raped and kidnapped. What he did was perfectly justified because he thought he was defending his wife from severe bodily harm and possible death.
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And to top it off, she told the police she was being raped too. The guy probably found out from his jail cell that his wife lied. Imagine how he feels, now knowing that he killed an innocent (besides cheating with his wife, might not have known she was married though) man.
 
It's a proud day for castle doctrine NRA folks everywhere!

It doesn't matter what the husband thought was happening. In fact, that's really the point...he used lethal force because he was operating under a false impression and he didn't have the brains or training to make the distinction (not to mention he shot someone who was running away). There is this idea that simply putting a gun into the hands of some random knob will turn him into some sort of superhero dealing out justice the old fashioned way. I think this is a pretty good example of what's wrong with that idea.
 
Originally posted by: blackllotus
Originally posted by: slash196
The husband ought to get some sort of charges pressed, shooting as the guy was driving away was totally unnecessary. In fact, now that their marriage is up in flames, the wife might try to use that defense.
Click to expand...

He thought his wife was being raped and kidnapped. What he did was perfectly justified because he thought he was defending his wife from severe bodily harm and possible death.
Click to expand...

In all honesty, I can't say I blame the guy...in a similar situation I might have done the same thing. Which is all the more reason not to have a legal system tailored around such actions.
 
Now that I've thought about it a little more, though, I'm not sure what a good alternative system would be. If this situation WAS a real rape, I'm not sure we'd want the legal system getting in the way of a husband defending his wife. I suppose there is no perfect solution, but erring on the side of self-defense might just be the best we can do.
 
I would have no problem if this had guy pulled a gun out and held the lover at bay so the cops could pick him up. I would have no problem if this guy would of killed his wife's lover IF the lover had lunged/attacked him as she cried rape. Yet when someone is running away they are no longer a threat.

Yes emotions will cloud a persons judgment but killing a man who is fleeing is not justifiable in anyway shape or form. Sorry but let's separate ourselves from 3rd world nations just a bit please. The husband deserves the Texas equivalent of extreme emotional disturbance manslaughter charges filed against him and wife reckless endangerment manslaughter charges file against her.


Sec. 100 Third Degree Manslaughter.

A person is guilty of manslaughter in the third degree when
he/she causes the death of another person (i) through criminal
negligence or (ii) through the commission of an unlawful act not
amounting to a felony.

Sec. 110 Second Degree Manslaughter.

A person is guilty of manslaughter in the second degree when
he/she recklessly causes the death of another person.

Sec. 120 First Degree Manslaughter.

A person is guilty of manslaughter in the first degree when
he/she causes the death of another person under circumstances that
would constitute murder except for the fact that he acts under
the influence of an extreme emotional disturbance for which there
is a reasonable excuse or explanation.
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Originally posted by: Drift3r
I would have no problem if this had guy pulled a gun out and held the lover at bay so the cops could pick him up. I would have no problem if this guy would of killed his wife's lover IF the lover had lunged/attacked him as she cried rape. Yet when someone is running away they are no longer a threat.

Yes emotions will cloud a persons judgment but killing a man who is fleeing is not justifiable in anyway shape or form. Sorry but let's separate ourselves from 3rd world nations just a bit please. The husband deserves the Texas equivalent of extreme emotional disturbance manslaughter charges filed against him and wife reckless endangerment manslaughter charges file against her.


Sec. 100 Third Degree Manslaughter.

A person is guilty of manslaughter in the third degree when
he/she causes the death of another person (i) through criminal
negligence or (ii) through the commission of an unlawful act not
amounting to a felony.

Sec. 110 Second Degree Manslaughter.

A person is guilty of manslaughter in the second degree when
he/she recklessly causes the death of another person.

Sec. 120 First Degree Manslaughter.

A person is guilty of manslaughter in the first degree when
he/she causes the death of another person under circumstances that
would constitute murder except for the fact that he acts under
the influence of an extreme emotional disturbance for which there
is a reasonable excuse or explanation.
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Click to expand...

I agreed with you at first, but after reading the article again, I think they were trying to say that the lover was trying to drive away with the wife still in his truck. If that was the case, it turns fleeing into kidnapping. The reporter in this case is a pretty crummy writer, but that's what I got out of the piece.
 
Originally posted by: Rainsford
Originally posted by: Drift3r
I would have no problem if this had guy pulled a gun out and held the lover at bay so the cops could pick him up. I would have no problem if this guy would of killed his wife's lover IF the lover had lunged/attacked him as she cried rape. Yet when someone is running away they are no longer a threat.

Yes emotions will cloud a persons judgment but killing a man who is fleeing is not justifiable in anyway shape or form. Sorry but let's separate ourselves from 3rd world nations just a bit please. The husband deserves the Texas equivalent of extreme emotional disturbance manslaughter charges filed against him and wife reckless endangerment manslaughter charges file against her.


Sec. 100 Third Degree Manslaughter.

A person is guilty of manslaughter in the third degree when
he/she causes the death of another person (i) through criminal
negligence or (ii) through the commission of an unlawful act not
amounting to a felony.

Sec. 110 Second Degree Manslaughter.

A person is guilty of manslaughter in the second degree when
he/she recklessly causes the death of another person.

Sec. 120 First Degree Manslaughter.

A person is guilty of manslaughter in the first degree when
he/she causes the death of another person under circumstances that
would constitute murder except for the fact that he acts under
the influence of an extreme emotional disturbance for which there
is a reasonable excuse or explanation.
Click to expand...
Click to expand...

I agreed with you at first, but after reading the article again, I think they were trying to say that the lover was trying to drive away with the wife still in his truck. If that was the case, it turns fleeing into kidnapping. The reporter in this case is a pretty crummy writer, but that's what I got out of the piece.
Click to expand...

Well if the lover dragged her to the car then that might suggest that the husband might already of had a gun in hand when he walked into the room. I agree if that is how it played out then he would be absolved of any charges.

I do wonder though what the odds would of been of the husband killing them both if she hadn't cried rape ? Did he have a gun because his thought that his wife was cheating or did he grab a gun because he thought she was being raped? Obviously as you mentioned the reporter of this article is horrible at providing enough details regarding this case.
 
Was the wife still in the car when he tried to drive away? That is the question I want answered.

If she got out then both of them should be in jail.
 
I wonder what the odds are of any of the principals actually being sober as events unfolded...

And if the shooter had his gun out before she screamed rape....
 
Originally posted by: Rainsford
Originally posted by: Drift3r
I would have no problem if this had guy pulled a gun out and held the lover at bay so the cops could pick him up. I would have no problem if this guy would of killed his wife's lover IF the lover had lunged/attacked him as she cried rape. Yet when someone is running away they are no longer a threat.

Yes emotions will cloud a persons judgment but killing a man who is fleeing is not justifiable in anyway shape or form. Sorry but let's separate ourselves from 3rd world nations just a bit please. The husband deserves the Texas equivalent of extreme emotional disturbance manslaughter charges filed against him and wife reckless endangerment manslaughter charges file against her.


Sec. 100 Third Degree Manslaughter.

A person is guilty of manslaughter in the third degree when
he/she causes the death of another person (i) through criminal
negligence or (ii) through the commission of an unlawful act not
amounting to a felony.

Sec. 110 Second Degree Manslaughter.

A person is guilty of manslaughter in the second degree when
he/she recklessly causes the death of another person.

Sec. 120 First Degree Manslaughter.

A person is guilty of manslaughter in the first degree when
he/she causes the death of another person under circumstances that
would constitute murder except for the fact that he acts under
the influence of an extreme emotional disturbance for which there
is a reasonable excuse or explanation.
Click to expand...
Click to expand...

I agreed with you at first, but after reading the article again, I think they were trying to say that the lover was trying to drive away with the wife still in his truck. If that was the case, it turns fleeing into kidnapping. The reporter in this case is a pretty crummy writer, but that's what I got out of the piece.
Click to expand...

yeah if that was the case, I can see why he was shooting.
 
I wonder how a person goes to a card game where I assume there was gambling and the guy was carrying a gun. Then I wonder what unfolded from the time the guy talks to his wife and the boyfriend drives off. Then I wonder what kind of idiot boyfriend is fornicating in the back of truck in front of god and everyone. Well it looks like they had not gotten to the sexual relations stage at that point. It is kind of recklace shooting at a vehicle as it is running away, however, you could misconstrue this as a kind of Citizen's Arrest, and a man fleeing from a scene of a crime. For the woman, it must be a real bummer to be responsible for the death of her own lover.

It is a good chance there was alcohol involved.

It sounds like the typical Can't Fix Stupid.

Should be easier to get a divorce with this much evidence!
 
Originally posted by: Rainsford
Now that I've thought about it a little more, though, I'm not sure what a good alternative system would be. If this situation WAS a real rape, I'm not sure we'd want the legal system getting in the way of a husband defending his wife. I suppose there is no perfect solution, but erring on the side of self-defense might just be the best we can do.
Click to expand...

There is hope yet.

 
Hey my post making fun of Rainsford debating himself got deleted!!! :|

Can't have any fun around here? It's like the NFL or something.
 
Originally posted by: slash196
The husband ought to get some sort of charges pressed, shooting as the guy was driving away was totally unnecessary. In fact, now that their marriage is up in flames, the wife might try to use that defense.
Click to expand...

This particular version of the story doesn't say what the other reports stated, that the wife was in the truck as it was being driven away, thus the shooter thought his wife was being kidnapped.
 
Originally posted by: Rainsford
It's a proud day for castle doctrine NRA folks everywhere!

It doesn't matter what the husband thought was happening. In fact, that's really the point...he used lethal force because he was operating under a false impression and he didn't have the brains or training to make the distinction (not to mention he shot someone who was running away). There is this idea that simply putting a gun into the hands of some random knob will turn him into some sort of superhero dealing out justice the old fashioned way. I think this is a pretty good example of what's wrong with that idea.
Click to expand...

No kidding. Shooting a guy in the back is the lowest form of cowardice.
 
Originally posted by: piasabird
I wonder how a person goes to a card game where I assume there was gambling and the guy was carrying a gun. Then I wonder what unfolded from the time the guy talks to his wife and the boyfriend drives off. Then I wonder what kind of idiot boyfriend is fornicating in the back of truck in front of god and everyone. Well it looks like they had not gotten to the sexual relations stage at that point. It is kind of recklace shooting at a vehicle as it is running away, however, you could misconstrue this as a kind of Citizen's Arrest, and a man fleeing from a scene of a crime. For the woman, it must be a real bummer to be responsible for the death of her own lover.

It is a good chance there was alcohol involved.

It sounds like the typical Can't Fix Stupid.

Should be easier to get a divorce with this much evidence!
Click to expand...
OK I'll write this in the easiest way possible for some of you to understand the events.
1.Husband goes to card game (possibly went straight from work and has a carry permit, thus has a gun on him)
2.Wife texts lover to come over.
3.wife and lover do the dirty
4.Husband comes home (with gun conceiled on him)
5.Wife takes head out of the lap of lover and sees husband
6. Wife screams rape
7. Lover sees husband
8. Lover starts truck and takes off
9. Wife still in truck
10. Husband sees someone that has "raped" his wife and is now kidnapping her.
11. Husband (who has a gun on him) is allowed to protect himself or others if danger is imminent to either of them, thus he shoots "kidnapper" to prevent him from taking his wife and possibly raping her again or killing her.



The time the husband had to make the decision is seconds. He sees a stranger's vehicle in front of his house, he has heard his wife scream rape. Operate under these 2 facts as they are the only facts you have.
 
Originally posted by: piasabird
I wonder how a person goes to a card game where I assume there was gambling and the guy was carrying a gun.
Click to expand...

This is the part of your confusion I don't understand. There are a LOT of people who carry 24/7, or nearly so. I would consider it odd if I was at a social event where no one else was carrying (other than me). About 1 out of 30 people in this state have a concealed weapons permit, and we're hardly the highest percentage.
 
Originally posted by: DealMonkey
Originally posted by: Rainsford
It's a proud day for castle doctrine NRA folks everywhere!

It doesn't matter what the husband thought was happening. In fact, that's really the point...he used lethal force because he was operating under a false impression and he didn't have the brains or training to make the distinction (not to mention he shot someone who was running away). There is this idea that simply putting a gun into the hands of some random knob will turn him into some sort of superhero dealing out justice the old fashioned way. I think this is a pretty good example of what's wrong with that idea.
Click to expand...

No kidding. Shooting a guy in the back is the lowest form of cowardice.
Click to expand...

Shooting the evil bastard who was raping and is kidnapping your wife is cowardly???!!! Sometimes I really don't understand people.
 
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