BF2S Forums Husband Kills Wife's lover; Wife Charged with Murder

She couldn't be truthful about her whorish ways. Send her to SuperMax.

I don't think shooting at the vehicle leaving the scene is justified.  I think it's right that she is being charged because she is the "cause" of the death.  I just think the husband was a little fast on the trigger, not sure what law or level of offense he may deserve though.

The husband should not be charged, he thought he was protecting his wife.  The wife should be charged, she cried rape, causing her husband to respond with protective force.

What a whore...

Seriously You come home, Find your wife naked in the driveway, have a gun in your hand, she says she was raped, and your NOT going to shoot at the car as it drives away??? I think you underestimate even yourself.

Last edited by An Enlarged Liver (2007-04-04 10:26:09)

Only in Amuerica .....wait no....only in Texas....

Help me out here, killing someone after the rape takes place --how does that constitute self defense in any way shape or form? Sounds more like revenge .

She should be charge for her actions..

Mason4Assassin444 wrote:

Fen321 wrote:

Only in Amuerica .....wait no....only in Texas....

Help me out here, killing someone after the rape takes place --how does that constitute self defense in any way shape or form? Sounds more like revenge .

"Heat of Passion" Defense.

Basically a spouse catches thier significant other and they have no control over thier rage for a small length of time. Kind of a temporary insanity defense.

hehe I gotta say this is a tad bit funny -- the fact people can't control their emotions that is, or the thought that emotions control people.

I definitely see your point though.

Various courts to include the US Supreme court has ruled on deadly force issues.  The guiding principle is what did individual know at the time.  The courts can't rule with what has been called "20/20 hindsight".  It has been presented that at the time he witnessed his wife in what appeared to be distress and she verbalized that she was being raped.  Furthermore the "victim" was probably given little if any time to explain the situation.  The husband seeing this acts in such a manner as that he believes he is defending his wife.  I do believe in Texas it's still legal to carry, I'll have to defer to Texas residents on this.  He will more than likely see no charges as murder or manslaughter.  Now there is the possibility that he could face reckless discharge  or it's equivalent etc (sorry from Illinois and familiar with Illinois laws, not Texas).  The real kicker may come in the form of a civil lawsuit filed by the "victims" next of kin. 

     If this were a case in Illinois it would be covered by what is termed the "Felony Murder Doctrine".  Simply put, if a person acts in such a way to further or facilitate the murder of another, even though they may not have committed the act of murder they can be charged with the crime. 

     As far as killing someone after a rape, again I defer to residents of Texas.  In Illinois Rape is a Forcible Felony.  Rules for Forcible Felonies in Illinois differ greatly than for non Forcibles and Misdemeanors.  The to apply to this particular situation are:
1.     What is rape in Texas (Forcible Felony/ Felony etc) and what are the applicable use of force options for
         a subject fleeing the scene of said crime
2.     What does the laws are pertinent to define residence and property
3.     What are civilians permitted to do while carrying firearms and upon seeing what they believe to be a
         crime of force
4.     What was the husband's mental state at the time

     And don't think that anyone else in that situation would not act similarly.  I've dealt with rape victims, and the victim's family.  You would be surprised what even the most mild mannered human is capable of in a particular situation.

     Heat Of Passion defense only when the person comes across their spouse who is actually in the sex act or compromising situation.  The person then acts out of rage due to the fact that they have caught their spouse cheating.  In this particular circumstance she did lie to police to indicate she was raped after the "victim" had been shot.  So even after firing the shot, the husband was still in the frame of mind that his wife was being raped.

Last edited by wileyford (2007-04-04 11:43:26)

TuataraDude wrote:

It is interesting though that everyone seems quick to condemn the woman, who really was just being a slut, yet happy to forgive the guy who killed another human being. One could argue that he had such a bad temper that she was genuinely afraid of her own well being that she did not want him to realise she was being unfaithful. She thought by placing any blame on the other guy, he would have a better chance of defending himself if the husband got violent. Unfortunately, she was unaware her husband carried a gun, or she would have been more forthcoming with the truth. That's what I would say if I was defending her, but then my legal background extends to LA Law, Boston Legal et al.

I wouldn't even bother going there, because its pure speculation. you could be right, you could be wrong. we don't really know the guy or the woman so we can't really say.

if I were that man, I'd be in a fucking bad mood already:

killed a man. yes, he was getting busy with this guy's wife but he's probably just a man like any other.
lost his wife through authorita.
lost his wife anyhow, for what she did.

FYI... I change my vote... the husband should not be charged.  The wife was still in the vehicle when the man tried to "flee".  So the husband hears his wife screaming rape, then sees the man try to drive the truck off with her still in it.  (Not sure shooting at a vehicle with your wife in it is such a good idea!)  I find it odd that she was quick enough to come up with the idea to scream rape though.

And it is legal to carry a concealed weapon in the state of Texas as long as you have the proper permit.

Well, i think he should get some punishment but not jail time, he thought he was trying to shoot a rapist so in his defense he was doing the right thing. but she needs to get some kind of punishment also because she in a sense was the cause of the other guys death. Should be interesting to see what happens.