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View Diary: Wife Beater Killed in Act - Stepson Charged with Murder - Tx Deadly Force Law Laughs @ DV! (144 comments)

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  •  FYI (14+ / 0-)

    The teenager was arrested, not indicted.  No indictment has been issued or even sought yet.

    The teenager apparently left the scene afterwards, which at the very least would look suspicious to a police officer investigating.  (According to a police officer, the "normal" reaction to shooting someone in self-defense, or defense of another person, would be to immediately call the police.  Running makes it look like you were not defending yourself.)

    According to the article, the teen was freed on a $25,000 bond.  Don't know what a "normal" bond for a murder charge would be in Panola County (where the shooting occurred), but from my experience in the Houston area, $25,000 sounds incredibly low for a murder charge.  Normally bond on a murder charge is going to be well into the six (or even seven) figures.

    If this story is true, I would be very surprised if the DA even pursues the case, though you never know with prosecutors in Texas.

    (On the other hand -- if the teenager were black or brown, it might be a different story...)

    29, white male, TX-07 (current), TN-09 (born), TN-08 (where parents live now)

    by TDDVandy on Fri Mar 07, 2014 at 08:21:50 PM PST

    •  Yeah, he's white, so better. I get it. But. . . (3+ / 0-)
      Recommended by:
      TDDVandy, LilithGardener, nomandates

      Are you an attorney? You're the 2nd person to mention "indicted".

      Can you give insight as to the difference between being "charged" with something and arrested for it and being "indicted"?

      I guess you're indicted when the Grand Jury says you are?

      Not trying to be a smartass, just trying to get clarification.

      And, since he's been charged, IF he's not "indicted", will the "charge" stay on his permanent record? That could totally screw him once he finally becomes an adult.

      "The measure of a man's real character is what he would do if he knew he would never be found out." Thomas Babington Macaulay

      by Deja on Fri Mar 07, 2014 at 08:38:04 PM PST

      [ Parent ]

      •  Yes, I am an attorney. (11+ / 0-)

        Licensed in the state of Texas, in fact, and practicing criminal defense.  These are two quite different things.

        An indictment is a formal charge for a criminal offense, issued by a grand jury (basically, a group of regular joes) who hear the evidence presented by the district attorney and decide whether or not probable cause exists for the person to be tried for a crime.

        In most cases, an indictment follows an arrest, though in some cases it can be the other way around.  Although technically the standard (probable cause) is the same for an arrest, getting an arrest warrant only requires a magistrate to sign off on the warrant (and some magistrates are, shall we say, known to rubber-stamp warrants that the police ask for.)

        All of this, of course, is designed for the protection of the accused; the police not only have to convince a magistrate that there's probable cause, but the DA also has to convince a group of citizens that there's probable cause.  Assuming the facts here are true, I would be very, very surprised if a grand jury were to indict the kid... and I wouldn't be terribly surprised if the DA up there doesn't even bother to present the case to a grand jury (which DAs sometimes do if they know the grand jury won't return an indictment.)

        29, white male, TX-07 (current), TN-09 (born), TN-08 (where parents live now)

        by TDDVandy on Fri Mar 07, 2014 at 09:09:36 PM PST

        [ Parent ]

        •  Makes me feel a little better TDDVandy (3+ / 0-)

          Let me get this straight.

          1. The cops make the call as to whether or not to charge a suspect.

          2. The DA decides, based on what cops charged suspect with, as to whether or not to indict.

          3. The Grand Jury decides, based on what DA indicts suspect with, as to whether or not to . . . what?

          Pursue the indictment in court?

          "The measure of a man's real character is what he would do if he knew he would never be found out." Thomas Babington Macaulay

          by Deja on Fri Mar 07, 2014 at 09:46:22 PM PST

          [ Parent ]

    •  A 17 yo kid would normally call police (11+ / 0-)

      when he saw Hell capped over with ice.

      “Industry does everything they can and gets away with it almost all the time, whether it’s the coal industry, not the subject of this hearing, or water or whatever. They will cut corners, and they will get away with it. " Sen. Jay Rockefeller, D, WVa

      by FishOutofWater on Fri Mar 07, 2014 at 08:39:54 PM PST

      [ Parent ]

      •  Depends (8+ / 0-)

        How long has he been witnessing and living with this?

        Some people are taught from birth (basically) to never, ever call the cops. I was married to one. He was my abuser.

        Others of us, who've not grown up witnessing this yearly, monthly, weekly, daily, hourly, know to call the cops.

        Guess how many doors I had with door jambs intact when I finally went into hiding? (none) Guess how many phone jacks worked? (none) Guess how many cell phones were destroyed? (countless) He even cut the outdoor phone line at the box. And disabled my car. Then disabled his own vehicle after mine was rendered useless.

        Just sayin'.

        "The measure of a man's real character is what he would do if he knew he would never be found out." Thomas Babington Macaulay

        by Deja on Fri Mar 07, 2014 at 09:02:40 PM PST

        [ Parent ]

        •  Sending you {{{hugs}}} of strength (5+ / 0-)

          and courage.

          •  Awww, PinHole, thank you! (4+ / 0-)

            I'm 10 yrs past. It's okay to think back now, I hope. Maybe I'll have a nightmare tonight, but probably not. It's been a long time coming, but I've forgiven him.

            Forgiving him to me means: letting go of the hate, negativity that surrounds that part of my life. Doesn't mean I don't think he's dangerous or a fuckin' dickweed. Okay, maybe I haven't let all of it go lol.

            Just saying that I love our son, and will not purposely dig at his father. I will tell the truth when asked, and offer the awesome tidbits (that most certainly existed) when the memories arise - like during daily activities.

            "The measure of a man's real character is what he would do if he knew he would never be found out." Thomas Babington Macaulay

            by Deja on Sat Mar 08, 2014 at 01:08:18 AM PST

            [ Parent ]

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