Glodson wrote: For me, it is an understandable loss of control. But I would require proof that the man dead did in fact sexaully assault the man's daughter.
The article says that the girl didn't suffer from any physical harm.
I cannot say it is justified, but rather understandable. If there is a case for temporary insanity, that is it. If I caught anyone hurting a child like that, let alone my own, I doubt I would be able to stop myself from attacking him.
But it still wouldn't be justified. But I do hope the charges are dropped or he gets off. Should the evidence indicate the man beaten to death did as he was claimed to have done.
I mean, if the father beat the man to death on account of an accusation, I would not be so sympathetic, but seeing the act must bring out uncontrollable, and visceral, reaction that one may not ever be expected to control.
Most states actually do have a third person self defense law where protecting a third person would fall under self defense. So I'm pretty sure it's justified as that is what he did. Now if didn't do this during the act and instead heard about it after then went to the guys house and beat the crap out of him and killed him I'd agree with you.
I don't think 5th degree manslaughter exists. 4th degree does in a few places, though it's very rare for states to delineate manslaughter that way. Most states just do voluntary/involuntary manslaughter now without degrees.
06-11-201207:06 PM - last edited on 06-11-201207:09 PM by SwimModPerseus
BackupAlt wrote:
Glodson wrote: For me, it is an understandable loss of control. But I would require proof that the man dead did in fact sexaully assault the man's daughter.
The article says that the girl didn't suffer from any physical harm.
Be kind when feeding a troll, lest we keep the hate flowing.
Mod edit: And so you know bucket there was harm to the girl, mental and physical.
The article didn't say she had no physical signs of sexual abuse it said she was "OK besides the obvious mental trama" which implies their was no serious physical injuries, not that there was no signs of abuse.
Manslaughter and murderer are two distinct charges. Intent is the key. For any murderer, there has to be the malicious intent to kill. That can form in a instant. It goes from "we are fighting" to "You die now."
If I punch a man in the head during a fight and he dies, it will likely be manslaughter. But if I punch him in the head after he insults me and I brood over it, that is murder.
Glodson wrote: For me, it is an understandable loss of control. But I would require proof that the man dead did in fact sexaully assault the man's daughter.
The article says that the girl didn't suffer from any physical harm.
No it doesn't. It implies she didn't have any serious injuries besides mental trama. It never says if their was any physical evidence of sexual assult or not.
There are indicators of rape and molestation. There will be evidence.
I don't know if what is alleged to have happened happened. Which is why I have qualified many of my responses. Anytime someone dies, it should be investigated fully. Then let the case proceed from there.
who knows, you can kill someone with one punch, or it can take a hundred. I don't think there is any way to really tell, I think it's more likely that this guy punch the man several times instead of just punching him a few times and acidently killing him. But it is possible for even a few punchs to do it.
Sometimes only once, sometimes a whole bunch of times. The more times you hit somebody the more likely it is they'll die and the more likely that was the intent of the one doing the beating.
who knows, you can kill someone with one punch, or it can take a hundred. I don't think there is any way to really tell, I think it's more likely that this guy punch the man several times instead of just punching him a few times and acidently killing him. But it is possible for even a few punchs to do it.
That is what I figured as well.
I think what determines if charges are filed (and whether the death was "justified") depends on how many times the victim was struck. One or two strikes, even if no sexual assault actually happened, could just be a result of a tragic mistake and not an indication of negligence on the part of the father. Repeated strikes, even if a sexual assault did occur, would be a strong indication of an intent to harm. If the latter is the case, the father would have to prove that his loss of control was the result of a temporary insanity triggered by a previous incident. He would have to justify why is reaction might seem reasonable at the time.
Still, this is Texas we're talking about. Every body uses "he was sexually abusing my daughter" as an excuse to kill someone. they say the daughter was taken to a hospital so there might be evidence.
maybe he owed a drug debt and didn't want to pay so he just killed the guy.
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