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Old July 12, 2017, 06:18 AM   #26
drunder40
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Originally Posted by 5whiskey View Post
I think that's exactly how its being used in the decision to charge this man. Its not very believable that he just happened to pull into the parking lot of a closed business, stays in his vehicle, and a few minutes later someone pulls up next to his vehicle and "breaks in" the back. The defense of the "breaking in" is likely believed to be a lie and a cover story. At least that's my perception.

Of course even if that really is what happened, the defendant still would likely face criminal charges based off of the brief facts in the article (if they are accurate). Likely not 1st degree murder though.
I'm pretty sure pre-meditated murder is 1st degree..
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Old July 12, 2017, 04:49 PM   #27
5whiskey
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I'm pretty sure pre-meditated murder is 1st degree..
I'm pretty sure you are correct. Maybe I wasn't clear. IF the two didn't arrange to meet, and IF this was a case of a guy actually breaking into the defendants van who was shot while running away... the defendant still very well may be charged but probably not with 1st degree murder (likely some form of manslaughter, depending on the DA and TX's specific laws).

Note the capitalized "IF." Those are some mighty big "if's." The law doesn't appear to buy his story of the deceased breaking into his van at this point. Sounds pretty fishy to me, as well, at least how the article portrays it anyway.
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Old July 13, 2017, 05:32 AM   #28
drunder40
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Originally Posted by 5whiskey View Post
I'm pretty sure you are correct. Maybe I wasn't clear. IF the two didn't arrange to meet, and IF this was a case of a guy actually breaking into the defendants van who was shot while running away... the defendant still very well may be charged but probably not with 1st degree murder (likely some form of manslaughter, depending on the DA and TX's specific laws).

Note the capitalized "IF." Those are some mighty big "if's." The law doesn't appear to buy his story of the deceased breaking into his van at this point. Sounds pretty fishy to me, as well, at least how the article portrays it anyway.
Gotcha.. Misread the post.. appreciate the clarification..
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