A married woman in Texas was with her lover in his pick up truck in her family driveway when her husband came home and saw them together. She cried “RAPE” and he fired his gun at the pickup as her lover (remember, he thought the guy was a rapist) drove away.
After the smoke cleared, the prosecution charged the woman with involuntary manslaughter.
A Texas woman who caused her lover’s shooting death by falsely crying rape was convicted Friday of involuntary manslaughter.
In late 2006, Darrell Roberson came home from a late-night card game to find his scantily clad wife with another man in a pickup truck in the driveway. Tracy Roberson was with her lover but cried rape, and her husband fired four shots into the truck as Devin LaSalle drove off, killing him.
Read the entire story here, if you wish.
Originally the husband was charged with murder, but once the actual details of this situation came to light, the charges were dropped against him and his wife was charged instead.
Legally, this seems at first blush to be really unorthodox.
The person firing the weapon that kills a person and ultimately is not charged with a crime, due to the fact the shots were fired under false pretense.
Did this person need to fire shots in the first place?
Was a phone call to the police enough, or was the passion of the moment simply too much to expect an average human to react reasonably?
First, wouldn’t you go directly to your wife who is, in your estimation, under duress? Perhaps then, get the license of the vehicle the alleged perpetrator is driving, or at least the description and then call the police? Or, would you go to the nearest firearm and start shooting because you can see your wife is no longer in danger but the perpetrator is getting away?
Tough one, for me. Since I don’t own any firearms, the question is easily answered.
However, that doesn’t mean that if there was a baseball bat sitting in the yard, under the circumstances, would I have grabbed it and started beating the guy if I could get to him, or???
This is not a delicate question, but what do you THINK you would do?
Do you agree with the legal outcome? Or,