In Texas, there are four types of criminal homicide: 1) murder, 2) capital murder, 3) manslaughter, and 4) criminally negligent homicide. Here is a breakdown of the four homicide crimes in simple English:
1. Murder: You commit murder when you intentionally and knowingly take someone else’s life, or when you intend to commit an act that is clearly extremely dangerous to human life and in effect, causes death to another person. Murder is usually a felony of the first degree.
2. Capital Murder: There are different ways to commit capital murder. You commit capital murder if you kill a fireman or member of law enforcement. You commit capital murder if you intentionally kill someone while committing arson, kidnapping, robbery or burglary, terroristic threat, obstruction or retaliation, or sexual assault. Capital murder is a capital felony.
3. Manslaughter: You commit manslaughter if you “recklessly” cause the death of another person. Manslaughter is a felony of the second degree.
4. Criminally Negligent Homicide: If you are criminally negligent and you take someone else’s life, it would be considered criminally negligent homicide, which is a state jail felony. Some “accidental killings” fall into this category.
For the most part I saw this as scenario 4. The 911 call and her state seemed to at least lend some credence to her honestly thinking she was in her own home, thinking it was an intruder, etc. That said, not much else seemed to indicate deadly force was the go to reaction here. The neighbor who shared the wall also seemed to corroborate that he didn't "attack" her, at least not that she heard. All that said, the cross exam of her was brutal to her case so I can see how they got to the max charge. I don't know that I would have gotten quite there, but I know I am certain she should serve jail time regardless of whether I think she's guilty of murder, manslaughter or negligent homicide. Point being, I think she is guilty of one of the above no matter what, and I please to see the jury "get it right". None of that means shit to lost soul departed too soon.