(no subject)

[theweaselking]

Oh, Texas. You so wacky!

Short version:

Woman is having an affair. Her husband comes home. She, thinking quickly, starts screaming that she's being raped. Her lover understandably freaks out and takes off running as the husband goes for a gun. He is driving away when the husband shoots him five times.

She's been convicted of manslaughter. The trigger-happy "shoot the innocent unarmed man in the back" husband's been let off entirely.

Comments

[flemco.livejournal.com]

Wait a cotton-pickin' minute.

You're saying the problem is that the husband had a gun?

[unknownpoltroon.livejournal.com]

Yes. He should have called 911 and waited the 9 minutes for the police to come help him.

[theweaselking.livejournal.com]

Nope. I'm saying there's problems all around here, and the only person we're sure WASN'T committing a crime was the dead guy.

[theweaselking.livejournal.com]

I think shooting the unarmed, helpless, fleeing innocent guy is a bit of a dick move, myself. But that's not a problem with *having* a gun, that's a problem with *using* a gun badly.

[mr-rubix.livejournal.com]

An interesting spin. Thoughts on this take, then?
Man comes home to find his wife with another man, clearly engaged in sexual activity. His wife screams that she is being/has been raped. Man, trusting his wife, grabs his gun and threatens the rapist. When the rapist tries to flee the scene in his pickup truck the man fires several shots into the vehicle killing the rapist directly after that rapist committed assault on the man's wife.

Later the wife explains that the guy really wasn't a rapist... oops?

[shemale.livejournal.com]

damn what a fucked up situation

they should both be convicted of manslaughter.

[anivair.livejournal.com]

in his defence, the man certainly didn't seem innocent from his point of view. If I were in hat position, I'd kill the guy, too. Why would be be expected to assume that his wife might be lying about some guy raping her? She certainly *should* be convicted.

[anivair.livejournal.com]

yeah, that guy got ripped off.

[missysedai.livejournal.com]

Honestly? I think SHE should be convicted of murder, and he of manslaughter.

What the hell did she THINK her husband would do if she cried rape? Ask the dude if he wanted to talk things out?

[geminiknight.livejournal.com]

Yeah, I'm solidly in the camp of "husband didn't do anything go"...

If I came off to see a guy on top of my wife, and she's hollering rape...well, if dude isn't dead, it won't be for lack of me trying.

[evilgrins.livejournal.com]

now see, this is why they say "don't mess with Texas"

[theweaselking.livejournal.com]

Your take is the same as mine. It's the "man shoots fleeing innocent man in the back" part that's the problem.

An "oops" that winds up with an innocent person being dead is commonly referred to as "criminal negligence causing death" in civilised countries, or as "involuntary manslaughter" in third-world banana-republic shitholes. Which is what *she* was convicted of, and what he *also did*.

Put another way: She yelled "Fire" in a crowded theatre, which is a crime. He killed somebody on his way to the exit, which is ALSO a crime, although not one he would have committed if she hadn't been yelling fire.

[theweaselking.livejournal.com]

Without more details, I'm not willing to say that's *murder* on her part - it might be, it might not be - but the husband *definitely* needed a manslaughter conviction, too.

[theweaselking.livejournal.com]

I agree with you on the second, but not on the first. As soon as that guy was in his car and leaving, he wasn't a threat to anyone, and so shooting him is no longer self-defense, it's *murder*.

[geminiknight.livejournal.com]

What's the rule about police officer's firing their weapons at fleeing criminals? Something about posing imminent danger? Rage at his wife being 'raped' aside, there is the idea that you're letting a would-be rapist go.

It's a damn shame about the guy. That woman is a cunt for what she did, and she deserves to be convicted. I feel forry for both men involved, but I can't see charging the husband with anything.

[theamaranth.livejournal.com]

yes. this.

shoot his tires out!

[zastrazzi.livejournal.com]

I think shooting the unarmed, helpless, fleeing innocent guy is a bit of a dick move

He shot a man who raped his wife.

The fact that wasn't true is his wife's fault, not his. He acted in the context of the situation he was in, and his actions are perfectly understandable. If his wife hadn't lied, the only innocent in the situation would still be alive. Likely :)

[theweaselking.livejournal.com]

Shooting the tires is really fucking hard.

I'd be getting his license plate number, myself.

[hadesflower.livejournal.com]

didn't I see this on an episode of some inane sitcom or another, without the shooting resulting in death of course...

[theweaselking.livejournal.com]

there is the idea that you're letting a would-be rapist go.

That's right. And yet, you've got his license plate, his car description, a couple of good looks at him, and there *is no iminent danger* posed by him driving away, whereas you're firing a weapon in a populated area without being sure of your target, at a target who is not threatening you or anyone else.

The husband's in a really nasty situation, but I'd still call that error in judgement criminal negligence, especially given that he shot an innocent man.

[theweaselking.livejournal.com]

He didn't shoot a man who was raping his wife. He shot a man in the back who was unarmed and not threatening anyone, who he *thought* had raped his wife.

Regardless of *why* he thought the man needed to die, it's still illegal to kill people who aren't threatening anyone.

[zastrazzi.livejournal.com]

Meh. The best a guy who raped my wife would get out of me before I shot them is "Freeze." If he fails to do that immediately, I will happily give him a lead overdose. A lot.

Just because the person is no longer actively committing the act of rape does not remove them as a threat. I'm not really debating the finer points of Texas or US law on this one, just pointing out what I think is reasonable.

If the husband didn't give the guy the chance to surrender himself, I'm inclined to lean towards some kind of punishment. If he did give the guy the chance and the rapist didn't stop, I think he acted reasonably within the context.

[theamaranth.livejournal.com]

that too. ;)

[publius1.livejournal.com]

It's a reckless disregard for human life, which in most states is Murder in the Second Degree, at least.

[publius1.livejournal.com]

I really think that this is a good social lesson why vigilante justice really is a bad idea. Had the man NOT shot at the fleeing person, and instead tried to find out who he was (as you say, get his license plate number, or distinguishing characteristics), he would have found out in time that this person had NOT raped his wife. Instead, he took the law into his own hands.

While a lot of people are applauding that he took action to defend his wife, I actually agree with your take on this (even though I'm not as pro-gun control as you are); he acted wrongly and should be punished in some way for it.