Is the man guilty or innocent of this crime?
A man bought a gun when he "heard" that his wife was cheating, he had no intention of killing her, he just wanted to stop the affair, whatever means necessary. He rushed to the house and hid so he can catch them in the act, turns out his wife wasn't cheating, she came home alone. the man quickly hid the gun up high in the closet shelf, forgetting the gun is still loaded. Some hours after the wife, digging through the closet, knocked the gun off and it discharged on impact, killing her. The man was then charged with manslaughter under Title 5, Sec. 19.04 of the Texas Criminal Code.
- JosaLv 61 month ago
I can't say for sure but, many people keep their weapons loaded in their homes. See this site: https://law.onecle.com/texas/penal/title-5/chapter...
This situation doesn't fall under any of these codes.
- Anonymous1 month ago
The Code itself says he's guilty.
- ArcherLv 71 month ago
He has demonstrated intent in his purchase of and with intent of stopping it "by any means necessary". This would need to be proven. If he was not smart enough to safe his weapon then he should not have purchased and it would be negligent homicide or manslaughter (they usually go for the toughest). The shooting would not automatically be assumed and accident as the man just purchased the gun and probable told friends about his superstition and would be arrested initially for murder.
- James BlackleyLv 71 month ago
Lets break this down by section and do a check mark box-
(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.- Yes this section would apply in the guys' situation.
(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation. No this doesn't apply
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual; The minute he put the gun away, this section no longer became applicable.
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; Yes- He went to his wifes room with a loaded gun, and then put it away knowing it was loaded, in an unsecure spot where anyone could have gained access to it.
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual: No
So, based on the definition here- He would be found guilty under Section 2 of the penal code.
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- FoofaLv 71 month ago
In the state where I live there would penalties for improper storage of a firearm. But Texas is a bit different. Still, the manslaughter charge seems over the top. This man is an idiot of course as the proper response to a cheating spouse is just divorce. I think we can all agree that given his mindset we're all safer with him off the streets. So, yeah.
- STEVEN FLv 71 month ago
A man bought a gun when he "heard" that his wife was cheating, he had no intention of killing her, he just wanted to stop the affair, whatever means necessary.
Which part of that is a BOLD FACED LIE?
- okiknowitLv 71 month ago
A person commits an offense if he recklessly causes the death of an individual.
An offense under this section is a felony of the second degree.
Note it was not intentional, but reckless to leave the gun loaded with no safety engaged.
Personally my guns are in a heavy steel safe and my family doesn't have the combination.
- samiamrdLv 71 month ago
Guilty because he did not secure the weapon. A normal person would have secured the gun with either a gun lock or placed it in a safe.
- Anonymous1 month ago
You going to serve some jail time.