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Thread: Jury acquits escort shooter

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    Jury acquits escort shooter

    This is simply bizarre. Texas has some very strange laws

    Jury acquits escort shooter
    A Bexar County jury on Wednesday acquitted Ezekiel Gilbert of murder in the death of a 23-year-old Craigslist escort.

    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.

    <snip>

    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.

    The Texas law that allows people to use deadly force to recover property during a nighttime theft was put in place for “law-abiding” citizens, prosecutors Matt Lovell and Jessica Schulze countered. It's not intended for someone trying to force another person into an illegal act such as prostitution, they argued.
    Here's the law used as justification for the acquittal - Texas Penal Code - Section 9.42. Deadly Force To Protect Property - Texas Attorney Resources - Texas Laws
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    Re: Jury acquits escort shooter

    Quote Originally Posted by Somerville View Post
    This is simply bizarre. Texas has some very strange laws



    Here's the law used as justification for the acquittal - Texas Penal Code - Section 9.42. Deadly Force To Protect Property - Texas Attorney Resources - Texas Laws
    This is why I would not live in Texas. They have legalized murder.

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    Re: Jury acquits escort shooter

    So if I am in Texas I am legally permited to gun someone down if they try to steal my crack? Good to know.

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    Re: Jury acquits escort shooter

    Laws are laws, man.
    Hail to the King baby!

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    Re: Jury acquits escort shooter

    Quote Originally Posted by iguanaman View Post
    This is why I would not live in Texas.
    As a Texan, I want you to know you hurt my feelings...

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    Re: Jury acquits escort shooter

    LAST WORDS: "Is that a pistol in your pocket, or are you just happy to see me?"

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    Re: Jury acquits escort shooter

    Quote Originally Posted by Somerville View Post
    This is simply bizarre. Texas has some very strange laws



    Here's the law used as justification for the acquittal - Texas Penal Code - Section 9.42. Deadly Force To Protect Property - Texas Attorney Resources - Texas Laws
    If prostitution is not legal in Texas, than how can he be a "law-abiding" citizen?

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    Re: Jury acquits escort shooter

    § 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
    justified in using deadly force against another to protect land or
    tangible, movable property: <snip>
    (3) he reasonably believes that:
    (A) the land or property cannot be protected or
    recovered by any other means; or
    (B) the use of force other than deadly force to
    protect or recover the land or property would expose the actor or
    another to a substantial risk of death or serious bodily injury.
    She must have been a powerful woman indeed, if her bare hands constituted a deadly threat.
    I'm thinking a prostitute ninja with nunchucks.
    Ok, that does it! I waste Professor Plum with the lead pipe.
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    Re: Jury acquits escort shooter

    Quote Originally Posted by Somerville View Post
    This is simply bizarre. Texas has some very strange laws

    Jury acquits escort shooter
    A Bexar County jury on Wednesday acquitted Ezekiel Gilbert of murder in the death of a 23-year-old Craigslist escort.

    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.

    <snip>

    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.

    The Texas law that allows people to use deadly force to recover property during a nighttime theft was put in place for “law-abiding” citizens, prosecutors Matt Lovell and Jessica Schulze countered. It's not intended for someone trying to force another person into an illegal act such as prostitution, they argued.

    Here's the law used as justification for the acquittal - Texas Penal Code - Section 9.42. Deadly Force To Protect Property - Texas Attorney Resources - Texas Laws

    Sounds to me like a law that was put into place for a legitimate purpose, but which is here being applied in a manner that is technically-correct, but likely not in keeping with the original intent behind it.

    Texas Penal Code - Section 9.42. Deadly Force To Protect Property

    § 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

    (1) if he would be justified in using force against the other under Section 9.41;

    and (2) when and to the degree he reasonably believes the deadly force is immediately necessary:

    (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;

    or (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property;

    and (3) he reasonably believes that:

    (A) the land or property cannot be protected or recovered by any other means;

    or (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

    I doubt that the authors of this law were thinking of a would-be prostitute trying to cheat a customer when they wrote “theft during the nighttime”, but the way the law was written, I can see how it might end up being applied here, exactly as it was.

    But I am left wondering one thing. There is a difference between an “escort” and a prostitute, though “escort” is often used as a euphemism for prostitute. A legitimate escort will go on a “date” with a client, often in contexts where a client doesn't have a real date, and it would be socially-awkward to appear without a date. The services of a legitimate escort don't include any expectation of sex or a genuine relationship. But I think it is generally understood and expected that most “escort services” are really fronts for prostitution.

    It may be that there was a genuine misunderstanding that led to this conflict. Ms. Frago possibly intended to offer her services as a legitimate social escort, and not as a prostitute, while Mr. Gilbert possibly thought he was buying the services of a prostitute. Perhaps Ms. Frago believed that she had genuinely provided the service she was being paid to provide, and therefore thought she was entitled to keep the money she had been paid for that service; while Mr. Gilbert thought he was buying sex, and felt he had been cheated because he did not get it.
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    Re: Jury acquits escort shooter

    Quote Originally Posted by TheNextEra View Post
    If prostitution is not legal in Texas, than how can he be a "law-abiding" citizen?
    A good point. Even though Mr. Gilbert got off on the murder charge, perhaps they can nail him on charges relating to prostitution. Whether Ms.Frago was actually a prostitute or not, it is clear that Mr. Gilbert's defense is heavily dependent on the presumption that he thought he was buying the services of a prostitute.
    The five great lies of the Left Wrong:
    We can be Godless and free. • “Social justice” through forced redistribution of wealth. • Silencing religious opinions counts as “diversity”. • Freedom without moral and personal responsibility. • Civilization can survive the intentional undermining of the family.

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