Man not Indicted After Killing Man His Cheating Wife Claimed was Rapist

**Goofball** · 04-03-2007, 17:19

Originally Posted by Sasaki Kojiro

no no, read my post. If a man your wife claimed was raping her drove away with her in the car you wouldn't shoot at him? Please.

I read your post. The article doesn't say that she was still in the truck. Granted, it doesn't say she had gotten out of the truck either; it's vague on that point.

So, assuming that she was not in the truck, my post still stands.

Assuming she was in the truck, that does raise a bit more defence for the shooter.

But to your question: would I have shot?

Probably not.

I would venture to say that I have put more rounds downrange than most posters in the Backroom. I know I am a pretty good shot. Actually, better than pretty good. Would I trust myself to fire into a moving vehicle that contained my wife and be confident of not hitting her?

Nope.

What I would have done is got in my own car and chased the guy to keep them in sight, while calling the cops on my cell phone so they could apprehend him.

Quite frankly, if the guy's wife was in the truck and he still decided to start pumping rounds into the vehicle, that indicates to me that he might not have believed that his wife was being raped, but figured he had a chance to cap both of them for cheating.

So at best, this guy made a very poor decision about using deadly force. At worst, he is a murderer.

**Sasaki Kojiro** · 04-03-2007, 17:28

http://www.bradenton.com/mld/bradent...n/16999898.htm

When he arrived, Roberson saw his wife, clad in a robe and underwear, with a man in a Chevrolet Silverado pickup, police have said. After Tracy Roberson claimed that the man was trying to rape her, her husband fired four shots at the vehicle as the man tried to drive away with his wife, police have said.

LaSalle -- a UPS employee who had recently moved to Mansfield from New Orleans -- was struck once in the head. The father of three was pronounced dead at the scene.

Sorry, I'd read this on another forum so I didn't check the article in the op.

I don't get your assumptions. You don't know how good a shot he is, you don't know how good a shot he had, you don't know if he would have been able to follow the guy in his car, you don't know if the police would have been able to apprehend the guy, you don't know if your wife would die in the car chase. He shot the guy in the head, I don't think he was just pumping randomly.

edit: the article doesn't even say the truck was moving. I would imagine the guy started the truck and the husband pulled his gun and started firing as soon as the the truck started moving. The point is he was acting to protect his wife from what he believed was mortal peril based on what she told him, so the death is her fault.

**Ser Clegane** · 04-03-2007, 17:36

Originally Posted by Sasaki

He shot the guy in the head, I don't think he was just pumping randomly

As he fired four shots and all articles only mention a single hit in the head it seems that three shots missed.

**Proletariat** · 04-03-2007, 17:41

That of course still doesn't mean that he was pumping randomly, maybe just a lousy shot.

Nice explanation, gunslinger.

Since this was posted, I've been trying to find a news article on a man who found his wife in bed with another man, shot them both, and got off scot-free in Texas. If anyone remembers the incident, lemme know if you find a link, but I think marital justice kinda works a lil different down there..

**Ser Clegane** · 04-03-2007, 17:45

Originally Posted by Proletariat

maybe just a lousy shot.

Which wouldn't make it a particularly great idea to fire when his wife was sitting (or whatever position she assumed) right next to the "target"

**Sasaki Kojiro** · 04-03-2007, 17:52

Originally Posted by Ser Clegane

Which wouldn't make it a particularly great idea to fire when his wife was sitting (or whatever position she assumed) right next to the "target"

I think it would be incredibly presumptuous of me to assume that this man would rashly risk his wifes life. In a pickup truck they will be 3 or 4 feet apart. He fired four shots from a vehicle that probable wasn't that far away. I see no reason to assume he was putting his wife at more risk than she would have been from being abducted by a rapist. For all you know the other three shots were fired after the first one hit and were right nearby. He's a texan he probably practices a lot.

VV same thing. We don't know what the situation was. For all you know he was firing into a stationary vehicle from 6 feet away, his wife was curled up in the corner, and the other three shots were fired after the first had hit. There isn't enough information to condemn him of having recklessly endangered his wifes life. Seems like people are just bringing their dislike of the man based on their assumptions from crazed's article over.

**Goofball** · 04-03-2007, 18:00

Originally Posted by Sasaki Kojiro

I think it would be incredibly presumptuous of me to assume that this man would rashly risk his wifes life. In a pickup truck they will be 3 or 4 feet apart. He fired four shots from a vehicle that probable wasn't that far away. I see no reason to assume he was putting his wife at more risk than she would have been from being abducted by a rapist. For all you know the other three shots were fired after the first one hit and were right nearby. He's a texan he probably practices a lot.

Now who is making assumptions?

He was in a vehicle that "probably" wasn't very far away?

He's a Texan so he "practices a lot?"

And when was the last time you had sex with someone from 3 or 4 feet away?

Although I'm fairly certain I could do it, I don't know if your anatomy is the equal of mine...

**gunslinger** · 04-03-2007, 18:03

Originally Posted by Proletariat

Since this was posted, I've been trying to find a news article on a man who found his wife in bed with another man, shot them both, and got off scot-free in Texas. If anyone remembers the incident, lemme know if you find a link, but I think marital justice kinda works a lil different down there..

What you are describing is the "irresistable impulse" defence. It is an affirmative defense similar to the insanity defense. The case of a man who finds his wife in bed with another man and becomes so enraged that he temporarily looses control and kills the other man or his wife is the most often used hypothetical example of this defense. The basis of the defense is that in the past the courts found that you couldn't reasonably expect a person to remain in control of himself in such circumstances. In today's society, where marriage vows aren't taken as seriously as they were 100 years ago, this defense is somewhat anachronistic, but still legally valid since case law evolves very slowly.

**Goofball** · 04-03-2007, 17:53

Originally Posted by Sasaki Kojiro

http://www.bradenton.com/mld/bradent...n/16999898.htm

Sorry, I'd read this on another forum so I didn't check the article in the op.

I don't get your assumptions. You don't know how good a shot he is, you don't know how good a shot he had, you don't know if he would have been able to follow the guy in his car, you don't know if the police would have been able to apprehend the guy, you don't know if your wife would die in the car chase. He shot the guy in the head, I don't think he was just pumping randomly.

You asked me if I would have shot. I said no and gave my reasons why. And, as has been pointed out, he fired four shots, only one of which was a confirmed head shot. Although he didn't hit his wife, there was an excellent chance that even if all of his shots had hit his target, he still might have hit her with an exit round or a ricochet.