Stoked?
Sheriff's deputies in Texas won't file charges against a father who they say beat an acquaintance to death after allegedly catching him sexually abusing the man's 4-year-old daughter.
"You have a right to defend your daughter," he told CNN. "[The girl's father] acted in defense of his third person. Once the investigation is completed we will submit it to the district attorney who then submits it to the grand jury, who will decide if they will indict him."
Let him off on short term mental illness. He clearly went mad for about 5 minutes.
Let him off on short term mental illness. He clearly went mad for about 5 minutes.
My understanding is he didn't break any laws. Deadly force is justified if you're stopping a sexual assault.
Is this a Texas Law? I'm not so sure about this... let me use St. Google real quick.
Well I couldn't find the answer through Google. I'm sure I could have, but I honestly just don't want to look through TX laws.
it appears the italics give reason to not charge him with murder, but not to find him innocent of manslaughter.
Sorry, I misspoke. The italics were meant to show my belief that they might charge him with manslaughter. I just don't think it would stick because the provocation, daughter getting molested, is one in which any parent on the jury would feel sympathy for.
I think it is one that any adult on any jury could identify with. I basis this on actions of society.
Two men are fighting and people mostly ignore them (there are exceptions). An adult is doing somehting to a child and people are coming out of the woodwork to get a piece pf that person. I think children naturally bring out protective instincts in all of us. Very, very easy to associate this to your personal life. Almost everyone has a child they care about/love personally. Wether that child is theirs, a grandchild, neighbors kid, friends kid...
I could see him getting charged with manslaughter (Reason in italics)... But I'm not sure it would stick...
https://legal-dictionary.thefreedictionary.com/manslaughter
Some excerpts....
If adequate provocation is established, a murder charge may be reduced to manslaughter. Generally there are four conditions that must be fulfilled to warrant the reduction: (1) the provocation must cause rage or fear in a reasonable person; (2) the defendant must have actually been provoked; (3) there should not be a time period between the provocation and the killing within which a reasonable person would cool off; and (4) the defendant should not have cooled off during that period.
Provocation is justifiable if a reasonable person under similar circumstances would be induced to act in the same manner as the defendant. It must be found that the degree of provocation was such that a reasonable person would lose self-control. In actual practice, there is no precise formula for determining reasonableness. It is a matter that is determined by the trier of fact, either the jury or the judge in a nonjury trial, after a full consideration of the evidence.