Was this a justified shoot?

[Rick Lee]

I don't recall seeing this discussed here yet. I don't think it was ever made public as to whether the wife was still in the truck when the driver tried to flee. Wife got sentenced to five years.

A Texas whodunit with a surprise twist

By Angela K. Brown
ASSOCIATED PRESS

March 31, 2007

ARLINGTON, Texas – Darrell Roberson came home from a card game late one night to find his wife rolling around with another man in a pickup truck in the driveway.

Caught in the act with her lover, Tracy Denise Roberson – thinking quickly, if not clearly – cried rape, authorities say. Her husband pulled a gun and killed the other man with a shot to the head.

On Thursday, a grand jury handed up a manslaughter indictment – against the wife, not the husband.

In a case likely to reinforce the state's reputation for don't-mess-with-Texas justice, the grand jury declined to charge the husband with murder, the charge on which he was arrested by police.

“If I found somebody with my wife or with my kids in my house, there's no telling what I might do,” said Juan Muniz, 33, who was having lunch yesterday with one of his two small children at a restaurant in the middle-class suburban Dallas neighborhood where the Robersons lived. “I probably would have done the same thing.”

Tracy Roberson, 35, could get two to 20 years in prison in the slaying of Devin LaSalle, a 32-year-old UPS employee.

Assistant District Attorney Sean Colston declined to comment on specifics of the case or the grand jury proceedings but said Texas law allows a defendant to claim justification if he has “a reasonable belief his actions are necessary, even though what they believe at the time turns out not to be true.”

Mark Osler, a Baylor University law school professor and a former federal prosecutor, said the grand jurors evidently put themselves in the husband's place: “I can see one of them saying, 'I would have shot the guy, too. I was just protecting my wife.' ”

The December night before the shooting, Tracy Roberson sent LaSalle a text message that read in part, “Hi friend, come see me please! I need to feel your warm embrace!” according to court papers. LaSalle apparently agreed.

Darrell Roberson, a 38-year-old employee of a real estate firm, discovered the two, his wife clad in a robe and underwear.

When Tracy Roberson cried that she was being raped, LaSalle tried to drive away and her husband drew the gun he happened to be carrying and fired several shots at the truck, authorities said.

Darrell Roberson's attorney did not return a call for comment.

His wife also was charged with making a false report to a police officer – for allegedly saying she was raped – and could get up to six months behind bars on that offense. It wasn't clear whether she had a lawyer.

She had not been arrested as of yesterday.

[legion]

Sounds like the right thing is being done to me.

[Rick Lee]

I doubt the husband would get convicted by a jury anywhere in the U.S. He might have had a split second to decide what would cost him less money - a divorce or a defense lawyer and then subsequent wrongful death lawsuit. I don't know why details are so thin on a case that's been settled. Shooting someone behind the wheel of a moving vehicle can make things much worse in a real hurry. But if I thought my wife were being kidnapped, I'd not hesitate to shoot the perp.

[URY914]

The women is being charged. I heard about this the other day.

[kstar]

Unfortunate story, but it sounds like justice is being served. Let's hope the process continues in what appears to be the right direction!

[nostatic]

"When Tracy Roberson cried that she was being raped, LaSalle tried to drive away and her husband drew the gun he happened to be carrying and fired several shots at the truck, authorities said. "

Depends on what the details are. If his wife was still in the truck, then I'd have to say they guy was justified in shooting. If she wasn't still in the truck, then he wasn't.

[nostatic]

"When Tracy Roberson cried that she was being raped, LaSalle tried to drive away and her husband drew the gun he happened to be carrying and fired several shots at the truck, authorities said. "

Depends on what the details are. If his wife was still in the truck, then I'd have to say they guy was justified in shooting. If she wasn't still in the truck, then he wasn't.

[Porsche-O-Phile]

Why is it that Texas seems to be the only state left in the U.S. where "common sense" factors into the legal system?

If this was CA, the guy would've been arrested by 50 cops in riot gear, tazered a few times, probably beaten with night sticks and thrown into jail with a bunch of hardened gang bangers, then convicted and probably given the chair.

Oh, and of course Barbara Boxter would use the incident as "proof" that an armed citizen populace is a horrible pox on society.

[Dueller]

--------------------------------------------------------------------------------
§ 9.32. DEADLY FORCE IN DEFENSE OF PERSON.
SUBCHAPTER C. PROTECTION OF PERSONS

(a) A person is justified in using deadly force against another:

(1) if the actor would be justified in using force against the other under Section 9.31; and

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

(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or

(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the deadly force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;

(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or

(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.

(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.

[JavaBrewer]

I thought the use of a gun was only allowed when your life is in immediate jeopardy? Or maybe that's only in CA? If the *rapist* is driving away I don't see how the shooter avoids being charged.

FWIW - In the heat of the moment I'd probably kill the guy too.

[nostatic]

that's my point. If she was in the car, then the husband was trying to protect her from imminent danger and appropriately used deadly force. If she wasn't in the car, then he had no business firing...although god knows we'd all want to in that situation.

[widebody911]

Originally Posted by Rick Lee

He might have had a split second to decide what would cost him less money - a divorce or a defense lawyer and then subsequent wrongful death lawsuit.

That's an easy one - shoot 'em both!

[Flatbutt1]

If she was stilll in the car didn't he endanger her further? He might have gotten a lucky shot to hit her.

[nostatic]

maybe he was shooting at her

[Rick Lee]

This isn't mentioned anywhere in this case, but it was brought up in the Joe Horn shooting a few mos. ago. In TX you can shoot a felon if he's attempting to leave a crime scene. Now, whether "felon" means someone already with a felony conviction t their name or someone engaged in a felonious act at that time is kinda fuzzy.

[Rikao4]

Texas, at least I can take a shot.

Don't know about this case, but
in SA last nite someone took out a burglar, no charges filled.
or this person I know, granted he talks funny now.
He went talking scheisse on someone's front door,
got shot, no charges filled.
Rika

[Jeff Higgins]

Clearly, Rick, if that applies to civilians shooting a fleeing felon, it must be some one engaged in a felonious act. I don't think it's fuzzy in the least.

Any man is morally justified, if not compelled, to shoot a fleeing rapist caught in the act. It's refreshing to see Texas law still recognizes that simple truth. Those of you arguing the finer points of when it was still o.k. to shoot (was he done with her, was he leaving already, did he pose an imminent threat to the shooter, etc.) have clearly lived in California too long.

[Tobra]

Originally Posted by dmoolenaar

I thought the use of a gun was only allowed when your life is in immediate jeopardy? Or maybe that's only in CA? If the *rapist* is driving away I don't see how the shooteer avoids being charged.

FWIW - In the heat of the moment I'd probably kill the guy too.

in Texas you can use deadly force to protect your property, just ask any Repo Man there.

Sounds like they were rolling around in the back of the truck, he came home and guy jumped in driver's seat and took off, perhaps woman was still in truck. I remember a case when I first moved to Texas where some old codger witnessed a car jacking, lady losing her mind as the car drives away, gets his pistol from his truck, notes the white baby in the back seat, black man at the wheel, shot the man in the head, car rolls to a stop, everybody happy. Man was not charged, got his weapon back within a week. When they interviewed him, the woman asked about the baby in the car. Guy looked at her like she was a bit slow, and pointed out the baby was in the back seat, the guy he shot was in the front.

[Gogar]

Is it just me or are some of you guys missing the point that the woman was LYING when she screamed RAPE?

I feel sorry for her husband, and I don't know what the hell he 'should' have done.

[Rick Lee]

Jeff, fortunately, civilians have a little more room to take action than police do. I'm pretty sure a cop would not at all be legally justified (morally, yes) in shooting a fleeing rapist if the rapist were unarmed. In judging whether or not some action is justified, we should also ask ourselves how we'd feel if a cop had done the same thing. I know I'd have no problem with anyone running from the cops and/or a crime scene being shot. But I'm probably in the minority.

Tobra, that case is one where the shooter got very lucky. Even in the very rare instances where a shooter under stress can place his shots well, having a dead body behind the wheel of a moving vehicle does not always make for a happy ending.