Originally posted by manwitaplan
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Originally posted by tvc184 View PostTX law does not require intent.
Texas does not officially use the term "first degree murder" which can sometimes be a little bit confusing. Instead, the equivalent in Texas is known as "capital murder," which is murder for which a perpetrator can get a sentence of capital punishment. To convict a defendant of capital murder, prosecutors must be able to prove beyond a reasonable doubt that:
The defendant intentionally and knowingly caused the death of another person;
The defendant intended to cause serious bodily injury and committed an act that was clearly dangerous to human life and this act caused the death of an individual;
or
The defendant committed or attempted to commit a felony (other than manslaughter) and in performing that felony, committed an act that was clearly dangerous to human life and this act caused the death of an individual.
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Originally posted by manwitaplan View PostI stand corrected! Thank you for pointing that out.
Texas does not officially use the term "first degree murder" which can sometimes be a little bit confusing. Instead, the equivalent in Texas is known as "capital murder," which is murder for which a perpetrator can get a sentence of capital punishment. To convict a defendant of capital murder, prosecutors must be able to prove beyond a reasonable doubt that:
The defendant intentionally and knowingly caused the death of another person;
The defendant intended to cause serious bodily injury and committed an act that was clearly dangerous to human life and this act caused the death of an individual;
or
The defendant committed or attempted to commit a felony (other than manslaughter) and in performing that felony, committed an act that was clearly dangerous to human life and this act caused the death of an individual.
Murder is intentionally or (not and) knowingly killing a person.
A person acts knowingly if he reasonably aware that his conduct will cause a result. In this case would he reasonably know that choking a guy out for more than a few seconds will cause death? I haven’t read the case but apparently video shows 4-5 minutes of a chokehold. A jury had to make the decision in this case if the defendant knowingly killed the guy by cutting off his breathing for 4-5 minutes. It doesn’t matter if intent can be proven.
Capital Murder is the exact same crime except additionally it was committed:
Against police or firefighter performing a duty
During a robbery, burglary, sexual assault, arson, etc.
More than one person
A child under 10
For hire
First you have to prove Murder and if the DA can then prove one of the special circumstances it then becomes Capital.
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A case for him "not knowingly" realizing he was killing someone could easily be made as hes seen that same method of rear naked choke used hundreds of times on tv during mma fights and it never once killed anyone..
That being said.
Doesnt take a genius to know you dont use the hold for ten minutes and expect a good outcome.
Also.. the hold..doesnt cut off breathing. It cuts off blood to brain.Last edited by systemnt; 11-09-2018, 06:17 AM.
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Either way you feel; both families will now suffer for this for ever. I am no saint for sure; but just shows you should always think before acting. Had he just called the cops and stayed out of it, this would have never happened. I finding it disturbing that some of you are saying the guy who died got what he deserved, wow. Most of us have been drunk and done dumb things; I have probably urinated somewhere drunk when I was young to that I shouldn't have. But if you think that deserves death you have some other real hatred in you.
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Originally posted by tvc184 View PostYou are kind of crossing two laws, Murder and Capital Murder.
Murder is intentionally or (not and) knowingly killing a person.
A person acts knowingly if he reasonably aware that his conduct will cause a result. In this case would he reasonably know that choking a guy out for more than a few seconds will cause death? I haven’t read the case but apparently video shows 4-5 minutes of a chokehold. A jury had to make the decision in this case if the defendant knowingly killed the guy by cutting off his breathing for 4-5 minutes. It doesn’t matter if intent can be proven.
Capital Murder is the exact same crime except additionally it was committed:
Against police or firefighter performing a duty
During a robbery, burglary, sexual assault, arson, etc.
More than one person
A child under 10
For hire
First you have to prove Murder and if the DA can then prove one of the special circumstances it then becomes Capital.
Thank you! That was explained perfectly.
Sent from my iPhone using Tapatalk
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Originally posted by tbgascorer View PostSadly, these days is much safer to turn a blind eye and not get involved. Get involved because of your moral compass and you go to jail or get sued. God, I feel sorry for my kids growing up in this insanity.
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Originally posted by batmaninja View PostHernandez was rushed to Lyndon B. Johnson Hospital where he was placed on life support and slipped into a coma. He died 3 days later at the age of 24 when his life support was removed.
I just dont get how the Thompson "murdered" the guy 3 days after the altercation.
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