Jury Acquits Man for Murder of Escort Who Refused Sex

[Divernan]

Last edited Fri Jun 7, 2013, 08:02 AM - Edit history (2)

Source: Think Progress

A Texas jury acquitted a man for the murder of a woman he hired as an escort, after his lawyers claimed he was authorized to use deadly force because she refused sex.

Ezekiel Gilbert shot Lenora Ivie Frago in the neck on Christmas Eve, after she denied his requests for sex and wouldn’t return the $150 he had paid her, according to the San Antonio Express-News. Under Texas law, an individual is authorized to use deadly force to “retrieve stolen property at night,” and Gilbert’s lawyers cited that provision as justification for Gilbert’s action, reasoning that Frago had stolen $150 from him by taking his money without delivering sex. In a police interview played for jurors, Gilbert “never mentioned anything about theft,” a detective told the San Antonio Express-News. Frago, who was 21, was critically injured and died several months later.

While the shooting of 17-year-old Trayvon Martin in Florida has generated notoriety for NRA-backed Stand Your Ground laws, which authorize the unfettered use of deadly force without a duty to retreat in defense of one’s person or home, Texas’ exceedingly broad law goes well beyond this, to allow deadly force in protection of any piece of “tangible” or “movable” property.

The Texas provision authorizes deadly force not only to “retrieve stolen property at night” but also during “criminal mischief in the nighttime” and even to prevent someone who is fleeing immediately after a theft during the night or a burglary or robbery, so long as the individual “reasonably” thinks the property cannot be protected by other means.

Read more: http://thinkprogress.org/justice/2013/06/06/2117161/jury-acquits-texas-man-for-murder-of-escort-who-refused-sex/

---

So basically, if you want to kill someone in Texas, just wait until "after dark" or "at night"; shoot them and then plant a $20 bill on them and say you paid them for some/any service and they didn't perform.

The thing is, in this particular case involving prostitution, illegal contracts are not enforceable under the law. And since prostitution is illegal in Texas, this murderer had no grounds to claim a "right" to sex. Evidently the jury was too stupid to understand that - but what do you expect with the dumbing down of the American public, in which Texas has led the race to the bottom.

Now where is that poster who was on DU yesterday preaching about how wonderful prostitution is and how all the prostitutes he personally knows do so because they enjoy the sex and meeting new people, NOT the money!

On edit: here's the link to yesterday's thread:
http://www.democraticunderground.com/10022950178

"I know prostitutes"

One I met at a strip club and we're good friends. A couple of others I met through her, another I met the old fashioned way.

All of them are in it because they like sex. The money is a side benefit.

_______________________________________________________________________
I referred to it not because I "want to call somebody out", but because I recalled what a sweeping generalization the poster made, based on a few women he knew. This report/link shows that prostitution, at least in this case, was about money. The murderer wanted his money's worth, and the jury agreed with him.
____________________________________________________________________________
SECOND EDIT
In reply to those who made the unfounded assumption that I oppose legalization of prostitution - you are quite wrong. I don't endorse prostitution, but history has proven it will always be present in our world. Legalizing it will protect the sex workers - and their patrons - particularly through licensing and public health regulations. It is amusing to hear any man stating that women engage in prostitution because they like having sex with a series of strange men - get real, guys! What good businesswoman is going to tell her clients: you're homely, you've got bad breath, your huge pot belly repulses me, when was the last time you bathed, or, no wonder your wife doesn't want you to touch her? A prostitute will say the things that will (1) get you to "finish" ASAP and (2) come back for return visits.

[L0oniX]

1. Indeed ...where is the DU outrage ...like there is about Trayvon Martin? WTF

[BlancheSplanchnik]

26. she's a chick.

It would help, from a public relations standpoint, if she had been a child, but even then, male victims get far more concern and attention from the media.

women and girls get attention when they are victims, but the deep, gut level outrage that demands a real end to unfair laws is muddied by the titillation that stirs deep down in response to these sensational stories.

Also, we have all been raised in a culture that believes in women as victims. Becuase we're so used to that identity w.r.t. women and girls, we accept it as a fact of life.

Last, anyone in the sex trade (and it's mostly women, particularly in the vulnerable 'worker' position) are all asking for whatever happens to them. Even if they are in the life because they were drugged and manipulated, kidnapped, sold into it by family, ended up in it to survive because they were on the street......whatever the reason why a girl or woman sells her body.

They're not human beings. They don't have lives. They don't have people who care about them. They are nothing in this society other than a receptacle for men, to be pitied, used and thrown away.

Seems the world can't separate females as human beings from their role as sex object in a majority heterosexual world. And THAT is the reason why there is never a unified, sustained, wide-scale outrage.

[Kurovski]

37. I've been told that the trafficking problem has been neglected chiefly because

of economics. They come from abusive, poor homes. Recruited

Children ARE raped and used by their families.

You'll see a story about a suburban kid every now and then. It's spreading. Gangs have taken it over, so I'm told. The women are literally held as psychological hostage.

there is going to be a theatrical presentation on it this fall in Chicago.




http://www.herstorytheater.org/shadow-town/


?__SQUARESPACE_CACHEVERSION=1367952476662

[bobclark86]

48. Bullshit...

It's called Missing White Woman Syndrome for a reason... Male victims get dick for coverage if there's a missing white woman involved. The media loves missing and dead women — the whiter and blonder, the better...

Oh, that's it. I found a pic... she's not particularly white, and not at all blonde...

Carry on.

[Scootaloo]

28. Can't speak for anyone else...

But I read this, and i'm too busy gawping like a fish in disbelief to form any sort of reaction. It'll take a little bit before my brain accepts that this decision was reached, and then fire and lightning

Though please don't try to play these two murders against each other.

[snagglepuss]

78. I have the same reaction. This is so beyond comprehension, I'm at the loss of words.

Is it not possible for the prosecutor to appeal this travesty?

[kentauros]

81. I asked that already on the GD thread,

and it was pointed out to me why prosecution can't do anything further:
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=2961537

[marble falls]

66. One more embarrassment about living in Texas. This is really, really bad.

[vankuria]

2. This is appalling

and I can't even begin to wrap my head around this one! Either the district attorney is a complete incompetent or the jury was a bunch of men who frequent prostitutes. Obviously, the life of this young woman had no value in the eyes of this jury so they sided with the jerk who lost his $ in the commission of a crime!

[Tumbulu]

3. Yes, where is the outrage?

And do you think something can be done about this?

This is horrifying.

[Kurovski]

33. More and more, there are organizations that will rescue girls off the streets, from "The life"

do research for your area, you can donate money. I've met a few exers who help others. some people who know how hard it is too give it up, but will show another way to live. Some young girls are never even taught to respect themselves at all, are used by their own families. And the foster system...that can use to get a closer look, as it turns out

Salvation army, whom I know screwed over gay folk, are doing good stuff in Illinois, so, whatever.

Also, making it legal and regulated will keep the traffickers and abusers, et al, down.

[pennylane100]

54. I think that it is time for women who earn a living as prostitutes should start

using their second amendment rights. The disgust I felt when I read this was surpassed only by the rage I also experienced. I think that if the law will not protect these women, they have every right to seek their own justice.

I also think that the women and men of DU start a petition demanding the federal justice dept. retry this man for violating this dead woman's rights. That is how they those monsters that were acquitted in the beating of Rodney King.

We cannot allow this to stand.

[freshwest]

92. Yes, that will be the only recourse. He's officially 'not guilty' of murder now.

[Brigid]

4. Can we just let TX secede already?

[Tx4obama]

9. We Texans are not going anywhere. Not all Texans are nuts. There are millions of Dems down here n/t

[Skittles]

95. CORRECT

INCLUDING ME!!!

[timdog44]

104. Then why are not

the millions of you Texans just jumping all over this. Can't believe the shit that happens in Texas and keeps on happening if there are so many Democrats down there. Get to business. This is a disgrace. And need I mention all the others?

[Crunchy Frog]

139. None of them apparently sitting on this jury.

[aquart]

24. Nuh uh. Sell it to Mexico for a dollar.

[rpannier]

56. sell it for 5 we should be able to get at least that

though including rick perry in the sale might force the us to accept an even split. they take texas we get rid of texas

[spooky3]

5. what happened to the "clean hands" rule, where the courts won't help someone

who was engaging in illegal behavior (soliciting an escort)?

[freshwest]

93. The jury was only thinking of the money, but there's a lot to show he wanted more than he paid for:

Why Ezekiel Gilbert’s Acquittal Proves the Lunacy of Texas’s Gun Laws

By Kurt Eichenwald June 7 2013

...In my home state of Texas, a man named Ezekiel Gilbert decided on Christmas Eve in 2009 that he was feeling randy. He checked Craigslist, found a listing for an escort, and—believing the service included sex—arranged for a meeting. The escort, 23-year-old Lenora Ivie Frago, showed up, and Gilbert paid her $150 for half an hour of time. Then, once the paid-for time had passed, Frago got up to leave. Gilbert was outraged: he had paid money! He thought the price included for-hire sex! He wanted his illegal sex!

Frago went outside where her driver, Christopher Perkins, was waiting. Gilbert came out and confronted Perkins, who told the enraged man that he had hired Frago for 30 minutes of her time, not sex, and that was what he had received. Perkins drove away, when suddenly Frago screamed, “He’s got a gun!”

Gilbert fired at the car four times. A bullet struck Frago at the base of the skull, paralyzing her. Months later, she died as the result of the shooting. Gilbert was charged with murder. He admitted that the basic facts I just recounted were true.

On Thursday, Gilbert was acquitted. The jury agreed with his argument that he was justified in shooting and killing Frago because she had stolen his property—as in, the $150 taken without providing him the sex he wanted. Never mind that Perkins—who was labeled as Frago’s pimp by the defense—testified in court that his escorts never promise sex. “If I found out you were having sex, you were fired. Period. End of discussion,” he said.

http://www.vanityfair.com/online/eichenwald/2013/05/why-ezekiel-gilbert-s-acquittal-proves-the-lunacy-of-texas-s-gun-laws

Here is the man who was found *not guilty* by the jury:



The woman he *thanks God* for being acquitted of murdering:



Statements about the case:

“I sincerely regret the loss of the life of Ms. Frago,” Gilbert said on 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.”

While Gilbert may be trapped in a “mental prison” after killing Frago, Perkins’ testimony seems to better capture the central facts of the tragic case: “For $150, Mr. Zeke opened fire on my car and shot my friend. He took a mother from her daughter,” Perkins said. “The responsibility lies with him. He was the one holding the gun.”

I'll leave you to speculate what of this constitutes "stolen property". The money - which he paid her? Or that he felt cheated of his chance at sex? Oh, and the poor Mr. Gilbert trapped in his "mental prison". Yeah, he's in a "mental prison" (of fear that's he'd be convicted) while she's in a GRAVE.

http://www.salon.com/2013/06/06/texas_man_acquitted_in_craiglist_escort_murder/

The jury neglected that he could have killed Perkins in his fit of rage. He wasn't defending himself or his home. If we all were permitted to kill anyone who scammed us, what a world it would be.

Or is now, perhaps.

[BeyondGeography]

115. Thanks for the link...the pimp has some blood on his hands, too

Perkins was asking his employees to play with fire. $150 for a half hour of teasing while he sits in a car waiting for women who deal with needy and often agitated men to bring him his money while they retain a degree a purity for him. He put Frago in danger and now he cries for her daughter. Wonder what he's doing to help...

[BeyondGeography]

118. Of course

Point totally missed.

Sleep well.

[secondwind]

6. This is obscene... incredible........

[Yavin4]

7. So, you take a really fucked up decision by a Texas Jury as evidence against legalization of

prostitution?

The asshole in this story is a pretty disturbed individual, and pretty disturbed individuals commit crimes.

Using your brilliant logic, the OJ jury's decision is proof that interracial marriages should be illegal.

[Squinch]

14. The poster never said anything was evidence against legalization of prostitution.

I mean, it's not like it's a Showtime TV show. It's not like THAT kind of evidence.

[Yavin4]

16. From the OP

" Now where is that poster who was on DU yesterday preaching about how wonderful prostitution."

Maybe you need to improve your reading comprehension skills.

[Squinch]

17. You quote someone NOT saying anything was evidence against legalization of prostitution.

[brett_jv]

57. C'mon now ... the implication was clear ...

That somehow this case provides evidence that it's ridiculous to support legalizing prostitution.

If you can't make out the obvious implication, I really don't know what to tell you aside from ... you should read harder.

[Squinch]

61. And now YOU are saying that the poster is saying something the poster never said.

Maybe you should read what is there.

[Divernan]

64. No, I don't. See my 2nd edit to the OP

nt

[mountain grammy]

8. Wow, just when you think Texas can't get worse...

[Sienna86]

10. I had to check your source

Because this result was unbelievable. Sadly, it it all correct.

[Kurovski]

11. Can we please regulate sex workers please?

Last edited Thu Jun 6, 2013, 11:05 PM - Edit history (1)

Or if you think you can just end it all outright...best do it quickly if you think it's possible.

Even women on the circuit will say the legal houses are the way.

EDIT: And those who can leave it behind, who can leave, will say that's the best way of all. We're not talking about the "Julia Roberts" trajectory here.

[Solly Mack]

12. Damn

[Squinch]

13. A.) What rape culture? and

B) That poster yesterday who was saying all his prostitutes are prostitutes because they enjoy the sex and meeting new people? I think he was confusing "prostitutes he knows" and "cheesy TV shows about 60's stewardesses." Happens all the time.

The story in this OP is horrifying.

[caseymoz]

27. B) Is that really what he said?

It sounds like the OP's sarcasm has taken obstructed his ability to give truthful account, and I notice he doesn't give a link so we could, like, check it.

Would he give a false account? If he doesn't respect the guy's POV, he wouldn't be careful to be fair. And when it comes to sex, people can get disgusted with other people a lot, and when they do, no lie is too low.

BTW, it's not very fair of him to bring up a discussion in another thread by attaching it this tragedy and making an innuendo that yesterday's poster was in any way to blame. All I can say is, no class. He feels no obligation to be fair.

He might have been talking about me, but if so, he's given such a caricature of what I wrote, I can't tell. A link would have been so helpful.

[Squinch]

30. Huh?

[caseymoz]

38. Okay, I've been shown the referred thread.

And the OP there was almost as boneheaded as depicted here. My apologies.

[Scootaloo]

32. No, he actually started a thread on it

http://www.democraticunderground.com/10022950178

[caseymoz]

35. I almost think we have a mutual acquaintance.

She has a day job in an office, is very gregarious, sociable, otherwise loves sex, thinks it's extremely important . . .

However, the woman I know would never do it for free. She would likely be having casual sex with friends, but she would never be meeting strangers who contact her for sex, and then have it the first time they meet no matter what the chemistry. She would not do that.

Uzair fundamentally misunderstands the power of economics over inhibitions.

Oh, thank you for the link. I think I'll go and tell Uzair this . . . a little later though. I'm tired.

[zeemike]

15. I seriously thought this was going to be something from the Onion.

But this is just sickness...taking someones life for 150 bucks...and it being legal.
Bunch of sick bastards made that law.

[Kennah]

18. I think I heard Visigoths approaching

[Marrah_G]

19. WTF, that cannot possibly be real.............

[Kablooie]

20. That means that 12 jurors unanimously acquitted him and thought he should have been offered sex.

Something is definitely wrong here.
I wonder what the jury makeup was?

[caseymoz]

23. It's like Idiocracy, but not funny. nt

[SwankyXomb]

21. Supposedly in Texas,

you can kill a man because he "needed killin'." If that's true, I can think of at least 15 people that need it right now, the judge, jury, lawyer, and the imbie that got acquitted.

[caseymoz]

22. US should secede from Texas.

Or ask Mexico to take it off our hands, if they'll touch it. Poor woman! How awful.

BTW, was that blatant, obvious straw man supposed to be a reference to me and a caricature of my views? I really can't tell for sure, because your sarcasm has distorted your account, I think. Calling somebody out shows no class and is a violation of code of conduct here. If you had an objection, yesterday was the time to make it.

I can prove to you on request that some prostitutes do enjoy their work, and are even proud of what they do. Because, you know, they do keep blogs these days. And vlogs on youtube. While they wouldn't do "it" without the money (despite your best memory my post, I would never, ever make that claim), many would probably have a similar kind of casual sex with friends.

[aquart]

29. I favor legalization and regulation but really...

I respect any professional who takes pride in his or her work (that includes torturers, assassins) because the pursuit of excellence is what we're about. But really...let's not venture into delusion.

[caseymoz]

34. What does that mean?

The last sentence negates everything else. Since I don't venture into delusion, I have no idea what the hell you're talking about. Try to be clear and not passive-aggressive.

[Divernan]

41. Nope - not referring to any of your posts.

[caseymoz]

42. Thank you and sorry.

I've been linked to the proper thread, and yes, it looks a little boneheaded. Not quite as bad as what you say . . .

[awoke_in_2003]

25. For fuck's sake...

the gun worship trumps everything.

[rdharma]

31. Any place that authorizes deadly force for a property crime......

........ can't be part of the civilized world!

[Adsos Letter]

44. That struck me too!

Killing to retrieve property?

Having said that: this guy should be doing a life sentence.

[dipsydoodle]

59. I'm not aware of any countries other than the US where this could occur.

.

[Judi Lynn]

36. Doesn't seem remotely possible. I had to see its face, to see what kind of thing would do this.

[center]
[font size=1]
Ezekiel Gilbert denied he meant to kill Craigslist escort.
[/font][/center]
Jury acquits escort shooter
By Michelle Mondo, Staff Writers
Updated 10:12 pm, Wednesday, June 5, 2013

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.

More:
Read more: http://www.mysanantonio.com/news/local_news/article/Jury-acquits-escort-shooter-4581027.php#ixzz2VUlUApX2

Beyond belief. How could anyone be this stupid? This pointless?

[blackspade]

68. I just love it how assholes like this always....

"thank God."
If you believe in that sort of thing, he should be really worried that he is going to fucking fry.

[LiberalLovinLug]

80. Thanked the God and the jury

for being able to “see what wasn't the truth” ?

Probably a Freudian slip. Either that or he's being blatantly honest, knowing he's a privileged white male.

And what kind of God would be happy for him?

[pipoman]

39. This has been the law of Texas for a century

before the movement to "stand your ground" laws in most states..Having been in collateral recovery for many years, I never took a job in TX or LA (for the same reason)..Repossessors shot and their shooters acquitted or never charged. It reminds me of the lesson of "The Lottery"..

[Skittles]

112. love love LOVE Shirley Jackson

I wish she had been with us longer

[pipoman]

119. I do too..

and this piece particularly had a profound impact on me when I first read it in 7th grade..until then I took our societal customs and traditions as normal without need for consideration..

[Mnemosyne]

40. I knew a man in AL that was acquitted once, and not even charged another time, for shooting

two black men in Montgomery.

I did not live there when the blind man was shot in his bar and cannot remember the exact story of what happened. I do remember how preposterous his excuses were for condoning his actions.

The second time he shot a crackhead in the back for stealing used mobile home curtains. He was never charged, iirc. It's been twenty years and I couldn't stand the guy, ignored him as best could. My ex was his drinking buddy. The guy laughed about it regularly. I was so glad when the ex finally realized the guy was an asshole.

And I was stunned then, at the number of people that thought the crackhead deserved to die for those fucking cheap ass curtains.

My stunned meter died long ago...

[historylovr]

43. K & R. Unbelievable.

What the hell was the jury thinking?

[LittleGirl]

45. I'm convinced

I'm NEVER going back to Texas. If a jury of peers acquits a murder...than I have no business going to that state. Agh.

[Notafraidtoo]

46. WTF

So lets say this was drugs and the person he paid shorted him a few grams, murder is ok in that case too?

Being a escort is legal its the sex that is illegal, he paid for services she was providing but he didn't like the escort service so murders ok?


Mind blown!

[ceonupe]

135. Actually yes

The fraud or theft is seperate from the illegal act of purchasing them.

Many times drug dealers are not charges in shootings and murders in drug deals done wrong.

Basically in most southern states if u rob someone they can kill you. Property is clearly defined as a reason for deadly force in most states. You are not required to let them walk out the door with your tv.

Some may see it as bad law but in my town about every other week some criminal is killed by a home owner. Fayetteville NC.

Heck just last month 4 guys broke into a drug house and attempted to steal. 2 were killed on the scene. The other 2 that escaped were caught and now face felony murder charges for their accomplices deaths.

[Catherine Vincent]

47. What a low down dirty shame!

How will this guy and the jurors sleep at night?

[MrModerate]

49. Fuck Texas.

And I'm a Texan, although I don't ordinarily admit it.

[Gman]

50. There was an incident several years ago in San Antonio where

the clerk in a convenience store that had been robbed several times before, used his car to run over and kill one of the guys that had robbed the store again. He was never even indicted.

The time my car was broken into and I surprised them is the one time I wish I had had a gun bigger than my shotgun to stop them. They got away with a couple thousand dollars of equipment. But it could have been worse.

And yes, I'm in Texas.

[geomon666]

51. Wow, fuck Texas.

Sorry if you live there but, damn. And I'm a Floridian.

[blkmusclmachine]

52. .

.

[SunSeeker]

53. This is insane. He admits he shot her in the neck. And they took his word for it about the $150...

not that the issue of the $150 should even be relevant. That pig should rot in jail. No offense to pigs.

[geek tragedy]

55. Property is more important than human life down there.

The Texas Miracle.

[RandiFan1290]

58. Texas

par for the course

[maddezmom]

60. Disgusting

[In_The_Wind]

62. Texas is barbaric!

[img][/img]

[avebury]

63. Women should post picures of this guy all over town.

The poster should say -If you see this man - Run. Known to be armed and dangerous and threat to women.

[historylovr]

72. +1. I like the way you think. nt

[Squinch]

127. That is a great idea!

[Vietnameravet]

65. Disgusting

I am at a loss for words. Can we start a petition to remove Texas from the Union? Seriously.

[blackspade]

67. This is worse than the Martin case.

This dickhead hired an escort not a prostitute.
He owed her money regardless of the sex.
This case definitely gets the the idiot jury award.

[noiretextatique]

82. exactly

if she was an escort, he wasn't "due" anything. if this guy was black or mexican, he'd be in jail for life, expecially if the victim was a white woman.

[blackspade]

89. indeed.

But, because he is white and she was a minority, murder was a-ok.

[Burma Jones]

69. Can't the Feds prosecute for a Civil Rights Violation?

Or is the Justice Department too busy for Justice?

[pipoman]

120. Double jeopardy is prohibited..

that is a good thing..

[Divernan]

70. Killer had to be hauled back from Vegas by TX bounty hunters

Here's some back story on this asshole. I emphasize, this happened BEFORE the trial, in July of 2012.

After shooting the woman (on Christmas eve, 2009) he was arrested but released on $250,000 bail - and moved to Las Vegas.

http://www.mysanantonio.com/default/article/Man-accused-in-shooting-of-alleged-prostitute-3689192.php

A man accused of fatally shooting a woman because he said she didn't provide the sexual services he paid for is back in Bexar County Jail after his bondsman requested to be released from their contract.

Bruce Embrey, owner of A-Action Bail Bonds, said Gilbert's recent behavior worried him. “He was OK for a while and came down for some court dates,” Embrey said. “But then he's not checking in and his cellphone (number) is changing all the time.”

Embrey said the company also started getting phoned-in tips that Gilbert planned to jump bail. A-Action Bail Bonds later learned the man calling was actually the angry husband of Gilbert's girlfriend, but there were too many red flags. “It's a big bond,” Embrey said. “I mean, we were worried.”

In June, a judge granted the company's request to get out of the bond contract. Bounty hunters brought Gilbert back from Las Vegas, and he was booked into jail Monday, according to Embrey and jail records.

Read more: http://www.mysanantonio.com/news/local_news/article/Man-accused-in-shooting-of-alleged-prostitute-3689192.php#ixzz2VXSUQgWW

[noiretextatique]

85. not suprising

a killer...and a coward.

[City Lights]

71. Absolutely disgusting.

[EvilAL]

73. This is remarkably insane.

I can't explain it any better than that.. I just didn't think that something like that could stand up in court, he fuckin killed her over $150.00 and got away with it...

[Demeter]

74. I'm Organizing a Texas Airlift for Women and Children

so they can be free of their lords and masters.

Which is what should have been done in Afghanistan, by the way, and any other place like it on earth. Women are people.

[Ash_F]

75. This is how Texans treat women?

I am from Texas. We need to change.

Can a mistrial be ruled on an acquittal?

[geek tragedy]

76. The problem is that the Texas law in question seems to encourage this outcome.

had the woman stolen his wallet and ran away, there is no doubt under Texas law that he had the right to gun her down to get his wallet back.

[noiretextatique]

83. i don't understand how this law applies to the case

she was an escort, so she didn't "owe" him anything. this asshole got away with murder.

[geek tragedy]

84. It's not THAT big of a stretch to say they stole/defauded him

of the money.

The big stretch is that this justified killing her.

[noiretextatique]

86. not if she really was just an escort

in that case, she didn't "owe" him anything.

[Blue_Tires]

107. Well, if the CL ad had the standard sexually-loaded codewords

And was posted in casual encounters with the other "real" sex ads, it's easy to see why the shooter expected something different than what he got, and felt ripped off...Naturally, none of this excuses murder nor the jury's unconscionable verdict...

[Blue_Tires]

101. They are opening up a 55 gallon drum of worms and don't realize it

If it's legal to gun down anyone who robs, scams or swindles you, then I know more than a few corporate bigwigs who are ripe game...

[Squinch]

128. Isn't THAT an interesting wrinkle.

[Crunchy Frog]

77. This cements my decision

never to set foot in Texas again for the rest of my life.

[Jimbo S]

79. He handed the money over voluntarily

No theft involved. Services not rendered is not the same as theft.

[adric mutelovic]

87. Someone please copy and paste the law in question

In order to see whether or not the man violated such law. Thanks.

[happyslug]

88. Here are the Statutes in question

§ 9.41. Protection of One's Own Property

(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm#9.41

§ 9.42. Deadly Force to Protect Property

A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

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

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm#9.41

[onlyadream]

90. Unbelievable!

I don't think I'll EVER EVER leave NY!!!

[Ty Templeton]

91. The jury acquitted him for firing a gun at a thief, not at an escort

We might find the law repellent, but if there's a law that says it's legal to fire a handgun at a fleeing thief to retrieve stolen property, then the circumstances under which she entered his home are irrelevant. Facts are pesky things. Her refusal to have sex with him has no bearing on whether or not he was attempting to stop her from leaving with his money, that's the relevant law. And by the way, since she did not have sex with him, in these circumstances she was not actually an escort, merely someone representing themselves as an escort, who took money without consent, which is theft.

Like all stories like this in the media, the headline has an agenda that flies in the face of the actual facts. He didn't shoot an escort, he shot a thief who represented herself as an escort.

Just to make sure everyone understands, I think the guy who did this shooting is a piece of human garbage, who likely did this in anger rather than for protection of his property, but the law involved considers her profession completely irrelevant to his acquittal, and so should the media narrative.

[Divernan]

94. "Escort" does not include sex - because prostitution is illegal in Texas.

Unless there is a written contract, even those activities an escort can legally be required to provide are not spelled out & the contract is unenforceable. If an escort is retained to provide company or companionship, the contract must include terms such as price, location, any dress code requirements and length of time.

For instance, there are people who hire "companions" to accompany them to various social functions, such as banquets or award ceremonies - that's a legal contract. The law neither recognizes nor enforces contracts for illegal activities. That's why bookies and the mob can't sue in court to collect gambling debts.

She didn't "take money"; he handed her money. She stayed for 20 minutes and then left. Additionally, even if they had a contract which, for example, specified she would spend a set number of hours with him, and she left before that time had elapsed, his remedy for breach of contract to perform services, i.e, provide (nonsexual) companionship is a matter of civil law - not criminal law. The laws cited in this matter are part of the criminal code.

Full disclosure: I'm a retired trial lawyer/law professor. Trust me on this.

[raccoon]

132. Great post. nt

[geek tragedy]

98. The media coverage makes it seem like a bad jury, when in fact

it's really awful law.

[Divernan]

103. Agreed.Terribly drafted law from stupid,born-again tea party legislators

San Antonio is a very popular town for national conventions, but this pair of statutes allowing lethal force over failure to pay should be enough to scare tourists and conventioneers away.

Say you're visiting San Antonio and - perhaps having had a few drinks - make a mistake in paying your tab. You think you've left a $20 bill, but you actually left a $10 bill and proceed to walk out of the bar. Or you thought someone else in your party was paying. Or you give your server a credit card which is rejected. There's nothing in the law requiring a threshhold minimum value of the property involved. There's no requirement of a warning, such as "Sir, you forgot to pay", let alone "stop or I'll shoot".

I hope this story receives a tremendous amount of coverage and attention - if the Texas legislature is even capable of being embarrassed by it's lethal incompetence.

For one thing IRE (Investigative Reporters & Editors) is holding its annual conference in San Antonio from June 19-23. I have a friend presenting a panel there and will be drawing this news item to his attention.

[geek tragedy]

105. Or if they forget to pay a cab fare. nt

[Divernan]

106. Or you reach for your wallet to pay, and find it's been stolen!

It sucks to be you, yankee tourist dog!
The new Texas state tourism motto: Pay up or die!
Cue Cher singing:

Bang! Bang! you shot me down
Bang bang, I hit the ground
Bang bang, that awful sound
Bang bang, a Texan shot me down.

[Blasphemer]

114. I used to think that Austin would be a nice place to live. I think I'll pass... nt

[Blue_Tires]

109. It's both...

[exboyfil]

133. He fired a rifle four times

at the car she was riding in away from his residence. You ok with anyone doing this over a disputed transaction?

[ceonupe]

136. The law clearly says u can shoot fleeing thefts

The law specifically says that is ok. And this law ain't new.

Lesson learned is don't scam in Texas it could cost u your life.

Not saying she deserved to die but the law is the law and like it or not he followed it.

She stole she fled he shot and killed her. The law says its ok.

Does not matter of what he bought was illegal.

[Crunchy Frog]

140. Lesson

Lesson: don't get into a disputed transaction in Texas. Better yet, don't set foot in Texas.

[Just Saying]

96. Another responsible gun owner?

I'm disgusted. And how did 12 people agree it was just fine to kill an unarmed woman?

People just suck.

[geek tragedy]

97. Texas law says it's okay to shoot an unharmed man, woman, or child

if they steal something from you.

[Just Saying]

99. Texas is seriously fucked up!

Can we have that wall they're always whining about to keep them from the rest of us?

And don't get how she stole for him if she's an escort and he paid for her time. This jury condoned his solicitation AND murder.

If there is a God, this guy will never meet him.

I can't think of a word bad enough to call him...

[adric mutelovic]

100. Not a child

Only parents can use force (not deadly) and only as lon gas this force is intended to discipline or "safeguard or promote" the child's welfare".

I can't see a judge ruling that shooting a child is a form of discipline or a way to "safeguard or promote" the child's welfare.


"SUBCHAPTER F. SPECIAL RELATIONSHIPS

Sec. 9.61. PARENT-CHILD. (a) The use of force, but not deadly force, against a child younger than 18 years is justified:

(1) if the actor is the child's parent or stepparent or is acting in loco parentis to the child; and

(2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare."

[geek tragedy]

102. Texas law also says you can use deadly force

to get property back, without specifying that the person who has stolen the property need be an adult.

[Divernan]

108. And in the DARK, who can tell a teenager from an adult?

[geek tragedy]

110. Which is why there's no way New York State will ever honor Texas concealed weapon permits.

Because the last thing we need is a bunch of Texans shooting up our streets every time someone snatches their wife's purse.

[adric mutelovic]

121. I just typed the section dealing with children in this type of case

You ignored it, by simply repeating the claim I debunked by having a source.

[geek tragedy]

122. Different sections--it's generally illegal to

shoot adults as well, even in Texas. But Texas has carved out an exception to the prohibition on murder for cases when there's money or property at stake.

[Divernan]

123. You're wrong & clearly don't understand rules of statutory interpretation.

The section you referenced is headed "Special Relationships". It carves out 3 (and only 3!) exceptions to the preceding portions of the statute for those circumstances in which the actor using force and the target of said force are in a special relationship of (1)parent/child; (2)educator/student; or (3)guardian/incompetent.

The statute nowhere provides an exception for or defines "special relationships" to include any situation in which the actor is neither the parent/step-parent, teacher/educator, nor guardian of an individual under the age of 18.

The canon of statutory interpretation which applies here is:

Expressio unius est exclusio alterius ("the express mention of one thing excludes all others&quot
Items not on the list are impliedly assumed not to be covered by the statute or a contract term. However, sometimes a list in a statute is illustrative, not exclusionary. This is usually indicated by a word such as "includes" or "such as."
Black’s Law Dictionary (7th ed.). St. Paul, MN: West Publishing. p. 602.
_____________________________________________________________
So the Texas law, as written, leaves any real or suspected miscreant of any age subject to deadly force for behavior after dark, unless they are the actor's child or student or in the care of said actor. And forgive me for descending into non-technical terms to say that this law is the worst-drafted piece of crap I have ever come across!

There's a reason why legislatures hire staffs of attorneys to analyze and draft proposed legislation. That's because the interactions of sections within laws, and of laws with other laws can be extremely complex. I studied statutory interpretation in my first year of law school; I applied those principles in the practice of law in state and federal courts; I taught statutory interpretation to law students; and the last 10 years of my practice were as a staff attorney for a state legislature, which required me to draft legislation observing these rules.

[Divernan]

125. Texas Halloweens are going to be a lot deadlier.

Ya know - kids egging cars or porches, spray-painting graffiti - that kind of action can be seen as reducing property value. The Texas version of "Hey you kids, get off of my lawn" will be firing the old six-shooter at the little buggers.

Sounds ridiculous, I know - but justifiable under this half-baked statute.

[tofuandbeer]

111. What???

[Skittles]

113. disgusting, and his story does not ring true

I'm betting something spooked Ms. Frago and she was running for her life

[raccoon]

134. I think you've got something there. nt

[madokie]

117. I think that verdict was an indictment

on how so many people view what they would call a prostitute as much as it was the other way around.

[wordpix]

124. so much for TX justice - our DOJ should investigate the court proceeding

Not that Holder will do anything about it.

[orpupilofnature57]

126. I love NY

[Squinch]

129. .

[exboyfil]

130. He shot her with a rifle

as she was driving away with her pimp. No mitigating feeling threatened or anything. A cop can't even do this. What the hell is going on in Texas?

[Katashi_itto]

131. With such a broad decision, another real good reason to stay the hell out of Texas.

Living in Northern Europe looks better everyday.

[SamReynolds]

137. You have failed.

This was an escort, not a prostitute.

They are not the same. Do not conflate the two for the purpose of getting on your soap-box in such an off-topic way.

[Divernan]

138. You failed to read, let alone comprehend, this entire thread.

I made a clear distinction between escorts (legal escorts, to be precise) and prostitutes.
See post 94. And "off-topic"??? A major aspect of this incident is that the murderer claimed he had paid for sexual services. Get it? Paid + sexual services? That equals prostitution.

What happened to your reading capacity? Did you get so turned on at the very idea of prostitution that your blood supply to your brain was cut off? If you plan to keep posting here, you better step up your reading comprehension.
So wait until you've calmed down, and read post 94, which I've copied for you here:


"Escort" does not include sex - because prostitution is illegal in Texas.
Unless there is a written contract, even those activities an escort can legally be required to provide are not spelled out & the contract is unenforceable. If an escort is retained to provide company or companionship, the contract must include terms such as price, location, any dress code requirements and length of time.

For instance, there are people who hire "companions" to accompany them to various social functions, such as banquets or award ceremonies - that's a legal contract. The law neither recognizes nor enforces contracts for illegal activities. That's why bookies and the mob can't sue in court to collect gambling debts.

She didn't "take money"; he handed her money. She stayed for 20 minutes and then left. Additionally, even if they had a contract which, for example, specified she would spend a set number of hours with him, and she left before that time had elapsed, his remedy for breach of contract to perform services, i.e, provide (nonsexual) companionship is a matter of civil law - not criminal law. The laws cited in this matter are part of the criminal code.

Full disclosure: I'm a retired trial lawyer/law professor. Trust me on this.