Jury Acquits Texas Man For Murder Of Escort Who Refused Sex

[JEDI]

http://thinkprogress.org/justice/20...r-murder-of-escort-who-refused-sex/?mobile=nc

A Texas jury acquitted a man for the murder of a woman he hired as an escort, after his lawyers claimed he was authorized to use deadly force because she refused sex.

 

[Jodell88]

Dafuq?

 

[blackdogdeek]

According to the article the jury would have had no choice but to acquit since his actions were actually justified under Texas law.

Under Texas law, an individual is authorized to use deadly force to “retrieve stolen property at night,” and Gilbert’s lawyers cited that provision as justification for Gilbert’s action, reasoning that Frago had stolen $150 from him by taking his money without delivering sex.

 

[Ns1]

holy shit

Ezekiel Gilbert shot Lenora Ivie Frago in the neck on Christmas Eve, after she denied his requests for sex and wouldn’t return the $150 he had paid her, according to the San Antonio Express-News. Under Texas law, an individual is authorized to use deadly force to “retrieve stolen property at night,” and Gilbert’s lawyers cited that provision as justification for Gilbert’s action, reasoning that Frago had stolen $150 from him by taking his money without delivering sex
...
The Texas provision authorizes deadly force not only to “retrieve stolen property at night” but also during “criminal mischief in the nighttime” and even to prevent someone who is fleeing immediately after a theft during the night or a burglary or robbery, so long as the individual “reasonably” thinks the property cannot be protected by other means.

Texas = wild wild west

 

[Cerpin Taxt]

As long as nobody else sees you do it, you can kill anybody you want in Texas and claim they were stealing your wallet.

 

[techs]

Idiot for a Governor? Check.

 

[phucheneh]

Uh, so is prostitution legal in Texas?

If not, he gave her money to perform an illegal activity. One could infer that if you hire a hitman who does not do his job, it is then legal to kill him. Hooray Texas.

Not to mention that willfully giving up the money in the first place would throw this into civil 'conversion' territory in most places, I would think. Especially with the complicating 'whore factor.'

 

[SlitheryDee]

I see potential for a HUUUGE flame war here. :whiste:

Well she did know what state she was in right? I'm calling this stupidity on her part. That's not to say it's unexpected for a prostitute to be stupid.

 

[vshah]

but prostitution isn't legal...wtf?

 

[Jodell88]

 

[zephyrprime]

So I guess if a drug deal goes bad between some drug gangs, than the losing party also has a right to kill the opposing gang members? Texas law is BS. In any other state, it would be clear cut murder.

 

[HumblePie]

As crazy as this shit sounds it could be legal in many states. Escort comes to house. Guy offers money for sex. Girl refuses but takes cash out hand holding money. That is an act if theft in a persons house. Legal use of deadly force authorized in many places to stop a robbery that way. Not sure if those are the exact details of the case but I can see it. The fact that its an escort or the man was seeking a whore doesnt matter. The guy should definitely be prosecuted for solicitation for sex.

 

[Via]

OMG

 

[zinfamous]

holy shit



Texas = wild wild west

and it seems like you also have the authority to shoot someone in the back under Texas Law.

I didn't realize they had legalized outright cowardice.

 

[jagec]

 

[techs]

This dvd burner was supposed to come with 5 free discs. There are only 4. You're robbing me.
Bamn!

 

[Atomic Playboy]

I was trying to find a less biased source to verify the info, and even the AP release is pretty damning. Apparently they connected through Craigslist, she showed up with a driver, took the money, refused the sex, gave the money to her driver and made to leave. So he shot her... And it's basically impossible to not make that seem like a colossal overreaction on his part, tantamount to murder. Apparently jurors in Texas are insane.

 

[Ns1]

Apparently jurors in Texas are insane.

Apparently, the law in texas states that you can legally do all the things you mentioned.

The Texas provision authorizes deadly force not only to “retrieve stolen property at night” but also during “criminal mischief in the nighttime” and even to prevent someone who is fleeing immediately after a theft during the night or a burglary or robbery, so long as the individual “reasonably” thinks the property cannot be protected by other means.

 

[Kadarin]

I was trying to find a less biased source to verify the info, and even the AP release is pretty damning. Apparently they connected through Craigslist, she showed up with a driver, took the money, refused the sex, gave the money to her driver and made to leave. So he shot her... And it's basically impossible to not make that seem like a colossal overreaction on his part, tantamount to murder. Apparently jurors in Texas are insane.

The jurors made the right decision under Texas law. If you live in Texas and are unhappy with the law, work to change it, but otherwise, it sounds like he was within his legal right, and the jury agreed.

If the activity he was engaged in when this happened was illegal, then he should be charged with that activity, of course.

 

[Atomic Playboy]

Apparently, the law in texas states that you can legally do all the things you mentioned.

Did they convict him of soliciting prostitution?

 

[Craig234]

Reason why I criticize Texas so much. It's murder. I should be surprised he even went to trial.

 

[Kadarin]

There's even an argument for commending the guy for a good shoot, in that he rid the world of someone who goes around robbing people.

 

[tynopik]

i would be curious to see what instructions the judge gave the jury

 

[jagec]

There's even an argument for commending the guy for a good shoot, in that he rid the world of someone who goes around robbing people.

That would only work for me if he then turned the gun on himself, thus ridding the world of a thief and a crazed gunman in the same incident.

 

[Krazy4Real]

LOL! Wow...