Texas Says It's OK to Shoot an Escort If She Won't Have Sex With You

arknor

arknor

arknor

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http://gawker.com/texas-says-its-ok-to-shoot-an-escort-if-she-wont-have-511636423
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A jury in Bexar County, Texas just acquitted Ezekiel Gilbert of charges that he murdered a 23-year-old Craigslist escort—agreeing that because he was attempting to retrieve the $150 he'd paid to Lenora Ivie Frago, who wouldn't have sex with him, his actions were justified.

Gilbert had admitted to shooting Frago in the neck on Christmas Eve 2009, when she accepted $150 from Gilbert and left his home without having sex with him. Frago, who was paralyzed by the shooting, died several months later.

Gilbert's defense argued that the shooting wasn't meant to kill, and that Gilbert's actions were justified, because he believed that sex was included as part of the fee. Texas law allows people "to use deadly force to recover property during a nighttime theft."
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wow Texas really is crazy
it actually makes me wonder if he would have gotten away had he raped her seing as she took his money
 
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Yeah I read that a few days ago. It's a principle in law which goes way beyond the context it was originally set, losing all application of common sense.
 
arknor said:
He paid for a service and did not receive it?

theft by deception , theft by fraud or whatever it's likely to be classed as
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If the law is night time theft, it looks like it was obviously designed for robbers and burglars. Not fraud, scams or non-delivery of goods/services.
 
muon said:
If the law is night time theft, it looks like it was obviously designed for robbers and burglars. Not fraud, scams or non-delivery of goods/services.
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Well it was decided by a Southern Texas jury, the woman hardly looks Texan by birth so I imagine there will have been some discrimination going on.
 
Kishywish said:
If you were to order a late night pizza online (and therefore pay in advance), what could a texan be entitled to do for non delivery?
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Go to the pizzaria and demand his money back and if necessary use force, as long as the force was not deemed to be purposefully fatal, if a fatality occurred. From the small snippet of that article anyway.
 
friend just raised an interesting point "did she leave before the time was up" as here they get around the legalities by saying you're paying for time, not sex.


as if that is the same in Texas then surely it's only theft if it's before time is up.
 
http://codes.lp.findlaw.com/txstatutes/PE/2/9/D/9.42

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.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
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desires said:
Go to the pizzaria and demand his money back and if necessary use force, as long as the force was not deemed to be purposefully fatal, if a fatality occurred. From the small snippet of that article anyway.
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I suppose the upside is that this will negate the need for a small claims court?
 
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