Man kills wife's lover, goes free, wife is convicted

[HotShotX]

FORT WORTH, Texas (AP) -- A Texas woman who caused her lover's shooting death by falsely crying rape was convicted Friday of involuntary manslaughter.


Tracy Denise Roberson, 37, cried a bit when the verdict was announced. The punishment phase was set for Monday, and she faces two to 20 years in prison.


In late 2006, Darrell Roberson came home from a late-night card game to find his scantily clad wife with another man in a pickup truck in the driveway. Tracy Roberson was with her lover but cried rape, and her husband fired four shots into the truck as Devin LaSalle drove off, killing him.


Darrell Roberson initially was arrested, but a murder charge was later dropped and a grand jury indicted Tracy Roberson instead.


During her three-day trial, defense attorneys called no witnesses but blamed LaSalle's death on Darrell Roberson's jealousy and rage.


But prosecutors placed all the blame on Tracy Roberson, showing evidence of the affair with LaSalle, 32, and a text message in which she invited him to her house that evening.

I find the outcome of this case a bit confusing. Joe Horn is convicted of killing two men trying to rob his neighbors home, but Roberson gets off because he thought a guy had raped his wife (Read, not raping, but raped).

He shot the guy as he tried to get away. Now, I know burglary is no where near as severe as rape, but usually the law of firearms is that if the crime or threat has ceased, the need for force has also ceased (i.e. if the rapist is getting away, focus on your wife and call the police).

I understand the wife being convicted, bitch certainly deserves it, but at best I'd say the husband let his emotions get the better of him and it resulted in this guy getting killed.

Story certainly needs more detail, but overall it sounds like Roberson got away with manslaughter simply because his wife used the R word and got all the blame.

Thoughts?

~HotShotX

 

[niceguyshawne]

It's Texas. You'll never understand.

 

[blueaurora]

I am 90 miles from the boarder of Texas... All I have to say is Hell yeah... Thats how we roll!!!

Seriously they both deserved it. I am glad the husband got off.

 

[Purple Flames]

Is Texas one of the states where the "heat of the moment rule" is in effect? If so, that's probably why he got off.

 

[fatherofcaitlyn]

[quote name='HotShotX']
Story certainly needs more detail, but overall it sounds like Roberson got away with manslaughter simply because his wife used the R word and got all the blame.

Thoughts?

~HotShotX[/quote]

It is Texas. He was protecting his property.

OK. That sounds horrible.

I'll try to be a little PC.

He wouldn't get murder 1 because he certainly didn't plan anything. If he was with the Cheaters crew for the grand reveal, you've got murder 1.

He wouldn't get murder 3 (manslaughter) because he knew a gun could kill somebody. If he had thrown a slushie at the guy and the guy somehow died, you might have manslaughter.

He could have gotten murder 2 but there were mitigating circumstances. When a wife yells "rape", she might as well be yelling "sic 'im" to an unrestrained attack dog.

No husband is going to convict another man for protecting his wife. Any other reasonable person would act the same way.

 

[Kayden]

I like it.

 

[gobz]

Under Texas law he lacked the mens rea (mental state) for any of their laws against homicide. She on the other hand is probably being charged with criminally negligent homicide

Edit: Hrmm.. just noticed it said involuntary manslaughter.. I guess the court found that she was reckless instead of negligent. Ouch.

 

[bigdaddy]

[quote name='fatherofcaitlyn']It is Texas. He was protecting his property.

OK. That sounds horrible.[/quote]

It's Texas, that sounds correct.

 

[Kayden]

Mens rea? How could we have gotten mens rea?

We both use condoms. How is this possible?

I want a doctor.

 

[fullmetalfan720]

The husband wouldn't have been convicted if he was tried. All he would have had to do, is plea temporary insanity, brought on by his wife being raped (or so he thought).

 

[ElwoodCuse]

[quote name='fullmetalfan720']The husband wouldn't have been convicted if he was tried. All he would have had to do, is plea temporary insanity, brought on by his wife being raped (or so he thought).[/QUOTE]

That's not grounds for acquittal, that's grounds for manslaughter instead of murder.