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Old 02-12-2013, 08:14   #136
mtbinva
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Join Date: Jan 2013
Location: Virginia
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Quote:
Originally Posted by BobInTX View Post
I live in Texas. Yes, we would. He'd probably get manslaughter because of the boys' deaths, but there was premeditation involved because he deliberately went back to his house to get his gun. And I agree with others who say that he didn't know the cause of the guy hitting the car. He was just killing the guy who killed his boys.

We respect the rule of law in Texas.
I have to question the premeditation. There are two parts to a criminal act, and in this case I believe mens rea was not a premeditated, even though he went to his house to obtain his weapon. Being present and witnessing BOTH children getting killed altered his state of mind, I think it's safe to say. I would fathom to guess he was in a state of shock.

Even in the time it took for him to secure his weapon would not (IMHO) equate to returning to a rational state of mind and go down the path of premeditation.

Just my $0.02
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