"You can survive this. Talk to others that have"

Dark Inertia posted 9/14/2013 00:19 AM

This is an old story, but interesting nonetheless. A woman caught with her lover by her husband claims rape and the husband shoots the lover (killing him). The State had decided to press charges... on the wife. Here's the article:

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 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.

In a case likely to reinforce the state's reputation for don't-mess-with-Texas justice, 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 afternoon.

http://usatoday30.usatoday.com/news/nation/2007-03-31-womanindicted_N.htm

[This message edited by Dark Inertia at 12:21 AM, September 14th (Saturday)]

StillGoing posted 9/14/2013 00:25 AM

So his first go-to is a shot to the head? Fucked up special kind of stupid all around.

aesir posted 9/14/2013 02:23 AM

Looking at the statutes, on the surface this makes sense.

9.32: DEADLY FORCE IN DEFENSE OF PERSON
(a) A person is justified in using deadly force against another:
...
(a)(2)(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
...
(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
...
(b)(1)(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);

Seems pretty clear that there could be no conviction of the husband for murder, since deadly force is allowed by law.

Section 19.04: MANSLAUGHTER
(a) A person commits an offense if he recklessly causes the death of an individual.
(b) An offense under this section is a felony of the second degree.

It does appear that the wife was reckless and indifferent regarding her AP, and that this recklessness is the proximate cause of his death. She may be able to get this reduced to

Sec. 19.05. CRIMINALLY NEGLIGENT HOMICIDE. (a) A person commits an offense if he causes the death of an individual by criminal negligence.
(b) An offense under this section is a state jail felony.

Criminal negligence is defined by Tex.Pen.C. 6.03(d) and is occurs when someone is “criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.”
...
...this standard is extremely subjective...

Some may find a problem with the laws application in this case, but rewriting the laws over disturbing cases often just makes for worse laws.

She really messed up afterwards when she told the police it was rape as well. I guess some people are more willing than others to throw their AP under the bus.

[This message edited by aesir at 2:25 AM, September 14th (Saturday)]

Laura28 posted 9/14/2013 03:16 AM

She really messed up afterwards when she told the police it was rape as well. I guess some people are more willing than others to throw their AP under the bus.

SisterMilkshake posted 9/14/2013 07:53 AM

Wow! I feel so sorry for the man murdered. Maybe he didn't know the bitch was married even. Fuck her! I hope she gets the book thrown at her. I hope she truly gets raped. That is just all kinds of fuckedupness.

SisterMilkshake posted 9/14/2013 08:32 AM

This is a link to an update on the story: http://www.startelegram.com/2008/05/05/623920/arlington-mom-who-cried-rape-gets.html

Camalus posted 9/14/2013 08:41 AM

Consequences. She is about to learn the definition.

...And there are a bunch of BH right now saying 'God Bless Texas'