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Thread: Pay someone and shoot if they don't perform

  1. #1

    Default Pay someone and shoot if they don't perform

    Didn't see a thread on this. With the talk about Stand your Ground, guns, etc. at the moment in the other thread, thought it'd be good to post this lesser talked about story from about a month ago.

    Jury acquits escort shooter - San Antonio Express-News



    A Bexar County jury on Wednesday acquitted Ezekiel Gilbert of murder in the death of a 23-year-old Craigslist escort.
    ...
    During closing arguments Tuesday, Gilbert's defense team conceded the shooting did occur but said the intent wasn't to kill. Gilbert's actions were justified, they argued, because he was trying to retrieve stolen property: the $150 he paid Frago. It became theft when she refused to have sex with him or give the money back, they said.
    He didn't kill her, but she was paralyzed according to the article (then later died). Why does the above make it justified (in Texas)? Because Texas law says, basically, you can kill someone to recover property during a theft at night. Apparently that includes illegal acts.
    Last edited by Coyote_Howl; 15-Jul-2013 at 21:50.

  2. #2

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    Had he been convicted, he could have faced up to life in prison for the slaying of Lenora Ivie Frago who died about seven months after she was shot in the neck and paralyzed on Christmas Eve 2009. Gilbert admitted shooting Frago.
    Murder sounds like an ambitious charge in this case - would the same defence have applied if they'd prosecuted for bodily harm? I guess probably...

  3. #3

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    Huh? That is quite odd... I don't think anyone should be shooting anyone.

  4. #4

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    My 'off-the-cuff' reaction...what a bunch of 'bunk'! Illegal ('escort') act, or no... Gilbert, wasn't likely in any immediate threat of his own life, and it doesn't appear that the escort did anything more than perhaps take advantage of Gilbert's promiscuity. Gilbert had the intention (presumably) to dispatch this $150, to this escort. Again, never-minding the presumably illegal transaction of sex-for-hire...Gilbert, at best would have a civil suit approaching failure to deliver 'goods'. Frago's actions would be more on par with writing a 'rubber' check, than theft of property.



    "...Gilbert's actions were justified, they argued, because he was trying to retrieve stolen property:..."
    Not technically true, and that is what Law Enforcement is for anyway.



    "...Gilbert's defense team conceded the shooting did occur but said the intent wasn't to kill..."
    What if he had killed her, then what? We can't say with any certainty what Gilbert's intentions were...he used excessive force, with a deadly weapon...Gilbert would likely have known that death could easily be the result...never-minding his intentions.

    Presuming that Frago, was not armed or threatening...and the Police were to have shot and maimed/killed her...where would this case be then...

    ...as I eluded Gilbert gave her the money, Frago just didn't reciprocate to Gilbert's satisfaction...

    Even under the stretched accommodation of the Texas law for retrieving stolen property by lethal force... there was NO THEFT!



    the slaying of Lenora Ivie Frago who died about seven months after she was shot in the neck and paralyzed on Christmas Eve 2009


    Answer:
    Murder is the act of killing another human being with "malice aforethought". Malice aforethought is defined to be the intent to kill or to inflict bodily injury, either expressed or implied. If a deadly weapon is used, intent to kill will necessarily be implied by a court of law.
    Aggrivated Murder is Murder in the first degree which is confined to homicide committed by poison and other killings committed with a premeditated design and to those which accompany the commission of atrocious felonies.

    Improved: Aggravated murder is when the defendant is paid or receives a value to commit an act of murder in the 1st degree.
    From: What is the difference between murder and aggravated murder

    I'd say the courts failed proper justice...
    My 2-bits ;-)
    -Marka

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