Wrong Verdict: Jury acquits escort shooter

This is a discussion on Wrong Verdict: Jury acquits escort shooter within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Jury acquits escort shooter - San Antonio Express-News Executive Summary: Man finds $150 "Escort" on Craigslist, pays her expecting sex. She never agreed to sex ...

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Thread: Wrong Verdict: Jury acquits escort shooter

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    Wrong Verdict: Jury acquits escort shooter

    Jury acquits escort shooter - San Antonio Express-News

    Executive Summary:
    Man finds $150 "Escort" on Craigslist, pays her expecting sex. She never agreed to sex and refuses refunded. Man shoots her, she later dies.
    Jury acquits man, stating he has a right to use deadly force to retrieve stolen property.

    I absolutely agree with the prosecutors on this one.
    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.
    This is a disgusting verdict and an abuse of Texas Self-Defense laws. I'm stunned a jury could reach this conclusion. True, Mrs Frago may have intended to rip Mr Gilbert off, but Mr Gilbert was expecting to engage in illegal activity. There are no legal guarantees with black market transactions.
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    VIP Member Array Badey's Avatar
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    interesting... at least this won't be used as a precedent, since it was a lower court case.
    "My problem with life is not that it is rational nor that it is irrational, but that it is almost rational." - G.K. Chesterton

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    VIP Member Array OutWestSystems's Avatar
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    The prosecutors should be fired. Once the defense brought up "theft" idea the prosecutors should have argued that it was not "theft" but fraud. Under TX statutes the argument is easy. Fraud - Sec. 32.42. DECEPTIVE BUSINESS PRACTICES. (b) (8) advertising property or service with intent: (A) not to sell it as advertised, or (B) not to supply reasonably expectable public demand, unless the advertising adequately discloses a time or quantity limit;

    So that clearly shows this was fraud and not theft. In theft you "take" the item or money, in fraud you are given the money using deception. How the prosecutors missed this I have no idea.
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    Distinguished Member Array kapnketel's Avatar
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    The anti stand your ground folks are going to be all over this.
    rigel42 likes this.
    I'd rather be lucky than good any day

    There's nothing that will change someone's moral outlook quicker than cash in large sums.

    Majority rule only works if you're also considering individual rights. Because you can't have five wolves and one sheep voting on what to have for supper.

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    Distinguished Member Array Arborigine's Avatar
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    How is it that the liberal agends does not extend to legalizing prostitution? I just don't understand why they don't tax something that has never been stopped by laws.
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    I... Ridiculous. Obscene.
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    VIP Member Array GhostMaker's Avatar
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    Quote Originally Posted by paaiyan View Post
    I... Ridiculous. Obscene.
    Agreed.......
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    The jury probably knew more of the facts than we did.
    We are only reading what the author wants us to read.

    Anyone want to bet that there is more to the story than what we know?
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    Distinguished Member Array Glock2201's Avatar
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    Was he ever charged with soliciting a prostitute or is that not against the law anymore?

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    Quote Originally Posted by HotGuns View Post
    Anyone want to bet that there is more to the story than what we know?
    I will take that bet. My personal belief (no facts to back this up), is that the prosecution really didn't care that the escort got shot, and didn't put much effort into trying to get a conviction. So when the defense came up with the "theft" idea, they just didn't counter it. The reality is that cops and prosecutors don't really care that much when a "criminal" dies unless the person doing the killing is higher up on the "criminal" food chain.
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    VIP Member Array OutWestSystems's Avatar
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    Quote Originally Posted by Glock2201 View Post
    Was he ever charged with soliciting a prostitute or is that not against the law anymore?
    In TX it is only soliciting if it takes place in a public place. Since the soliciting took place on the phone I am guessing he is not guilty of anything.

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    If there had been more to this case I believe the news media would have released it. Especially the local news groups from Texas. This type of ruling only shows how stupid some people can be. This guy should be spending the rest of his life in prison. This was a very sad decision.
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    Quote Originally Posted by HotGuns View Post
    The jury probably knew more of the facts than we did.
    We are only reading what the author wants us to read.

    Anyone want to bet that there is more to the story than what we know?
    That is a good point. The jury almost always knows a lot more than anyone else. But on the surface it does look really bad. It could just be bad reporting, but don't expect that to stop the anti-self-defense people from jumping on it.

    Would this be "blood in the sheets" or still in the streets since she was trying to get away?
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    VIP Member Array maxwell97's Avatar
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    I don't think "fraud" applies in the case of an illegal transaction.

    Let's remember, innocent until proven guilty. Just because the prosecution says he was soliciting doesn't make it so. It's entirely possible that no criminal transaction had taken place at the time of the "theft," even if the intention was for such. He may not have actually committed a crime when his money was taken, at least a provable one.

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    VIP Member Array OutWestSystems's Avatar
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    Quote Originally Posted by maxwell97 View Post
    I don't think "fraud" applies in the case of an illegal transaction.

    Let's remember, innocent until proven guilty. Just because the prosecution says he was soliciting doesn't make it so. It's entirely possible that no criminal transaction had taken place at the time of the "theft," even if the intention was for such. He may not have actually committed a crime when his money was taken, at least a provable one.
    How would she have had the $150.00 if he didn't give it to her? His testimony was that the "theft" occurred because she wouldn't preform services and then wouldn't give back the money.

    About the not "fraud". If I don't have a contractors license and I offer to fix your roof, I take the money and don't finish the roof. I committed fraud twice. First I could not legally perform the service and then I didn't perform. The same thing happened here.
    suntzu and Phaedrus like this.

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