More Texas lulz
 

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

Gilbert, 30, embraced defense attorneys Bobby Barrera and Roy Barrera Sr. with tears in his eyes after the not guilty verdict was read aloud by state District Judge Mary Román.

Outside the courtroom, Gilbert thanked God, the Barrera family and the jury for being able to “see what wasn't the truth” and for the “second chance.”

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.

“I sincerely regret the loss of the life of Ms. Frago,” Gilbert said Wednesday. “I've been in a mental prison the past four years of my life. I have nightmares. If I see guns on TV where people are getting killed, I change the channel.”

The verdict came after almost 11 hours of deliberations that stretched over two days. The trial began May 17 but had a long hiatus after a juror unexpectedly had to leave town for a funeral.

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.

Gilbert testified earlier Tuesday that he had found Frago's escort ad on Craigslist and believed sex was included in her $150 fee. But instead, Frago walked around his apartment and after about 20 minutes left, saying she had to give the money to her driver, he said.

That driver, the defense contended, was Frago's pimp and her partner in the theft scheme.

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.

mmondo@express-news.net

speshek@express-news.net


Read more: http://www.mysanantonio.com/news/loc...#ixzz2VSk41Qaq

I don't know but this doesn't sound right. Maybe he was acquitted because of the deadly force law, but his lawyers were arguing both the deadly force law and a lack of intent. It wouldn't surprise me if the real issue was prosecutorial overreach. If they only charged him with murder (requires intent) but not manslaughter (doesn't require intent) and the jury wasn't convinced there was intent then according to the law he should have been acquitted and the deadly force law wouldn't come in to play at all. I'm just guessing but I think it is easily possible with as little as reporters today know about anything.

Alrighty then...

Sounds like Texas alright.

And, the funny thing, if he would have used a knife he would have gotten the chair.

Stupid jury verdicts happen every where.

It's the stupid law I have a problem with.

If cops aren't allowed to shoot fleeing thieves, then citizens shouldn't be allowed to either.

I'd rather have more freedom than cops.

BS, in Tx if a thief has something, and you're not going to be able to retrieve it, you can shoot them. Now it better be worth it, cuz even legally shooting people is not cheap.

fuk thieves, go get a job a earn your own chit or what if stolen item was some family heirloom that's irreplaceable ? Just cuz you hold a thiefs life in high regard didn't mean i have too.

cops don't have anything of their own to lose in that sit.

lol, so a regular citizen with no training, no authority, and possible emotional or racist motives is now the judge, jury & executioner

Oh well........I bet most people who praise this law only praise it in principle, and wouldn't have the stomach to actually carry it out if they had the chance, lolz