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To: D. Long who wrote (201148)3/31/2007 9:00:36 PM
From: LindyBill  Read Replies (2) | Respond to of 793698
 
The backstory gives some more details. Imagine the Husband's reaction when he found out the truth. It will make a good "Made for TV" movie.

In bizarre twist, wife indicted after husband shot her lover
By ANGELA K. BROWN
Associated Press

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 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 today 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 that 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 immediately 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 was not immediately clear whether she had a lawyer.

She had not been arrested as of this afternoon.

chron.com



To: D. Long who wrote (201148)3/31/2007 9:04:25 PM
From: Ichy Smith  Respond to of 793698
 
Oh, the guy getting off is perfectly fine. That's a very old twist on "heat of passion" manslaughter. But charging the wife for instigating it is bizarre.

"In some countries, notably France, crime passionnel (or crime of passion) was a valid defense during murder cases; during the 19th century, some cases could be a custodial sentence for two years for the murderer, while the spouse was dead; this ended in France as the Napoleonic code was updated in the 1970s so that specific father's authority upon his whole family was over."
en.wikipedia.org

It is time that just as Rape should be considered a serious crime, a false allegation of rape should be considered a serious crime. In this case a man died because of a false rape charge. There are many men, who would react to the rape of a wife or child with violence. I suspect Murder might be a better charge, but manslaughter seems at least appropriate.



To: D. Long who wrote (201148)3/31/2007 9:36:23 PM
From: Alan Smithee  Read Replies (1) | Respond to of 793698
 
That's a very old twist on "heat of passion" manslaughter.

It's more justifiable homicide. He thought his wife was being raped and in mortal danger.

Got nothing to do with heat of passion.