Husband shoots wife's lover, wife gets charges

Such things only happen in Texas

Darrell Roberson came home from a card game late one night to find his wife rolling around with another man in a pickup truck in the driveway.

Caught in the act with her lover, Tracy Denise Roberson – thinking quickly, if not clearly – cried rape, authorities say. Her husband pulled a gun and killed the other man with a shot to the head.

On Thursday, a grand jury handed up a manslaughter indictment – against the wife, not the husband.

The grand jury declined to charge the husband with murder, the charge on which he was arrested by police.

Assistant District Attorney Sean Colston declined to comment on specifics of the case or the grand jury proceedings but said Texas law allows a defendant to claim justification if he has “a reasonable belief that his actions are necessary, even though what they believe at the time turns out not to be true.”

Oddly, this makes perfect sense to me.

I dunno, that all pretty much makes sense to me, too. If the husband really thought that his wife was being raped, I can see how a jury would be sympathetic. OTOH, if his wife knew that he carried a gun and yelled “rape!” anyway, I can see how they might want to hold her responsible for the consequences.

Sorry, no, don’t buy it. I can see the manslaughter charge on the woman, but that the man wasn’t charged with anything is crazy. The guy was driving away - deadly force wasn’t necessary to stop the “rape” at that point.

Oh, was he? I didn’t read the article, just Vincent’s excerpt. Doh! Yeah, they both should have been charged, if that’s the case.

Darrell Roberson, a 38-year-old employee of a real estate firm, discovered the two, his wife clad in a robe and underwear.

When Tracy Roberson cried that she was being raped, LaSalle tried to drive away and her husband drew the gun he happened to be carrying and fired several shots at the truck, authorities said.

It doesn’t say that she was out of the truck at that point. He might have thought that a rapist was trying to drive away with his wife.

Is there anywhere but Texas where two people will try to conduct an affair in a pickup truck in the driveway?

The story said he “tried” to drive away, not that he was actually driving away. That leaves me to believe he was still on the property at the time. Since it happened at night, Texas allows you to use deadly force in a lot more situations at night. As such, the man was well within his rights to shoot the guy. And the woman deserves the sentence.

Texas is a really interesting state for gun and “retreat” laws, and how the property rights extend to your vehicle and so forth. It is for the most part a gun lover’s dream state. When I was in my concealed carry class, we talked about a case where a repo man was shot and killed repo’ing a guy’s truck in the middle of the night. The courts ruled the guy was within his rights since he thought the truck was being stolen from his private property. We spent a lot of time in those classes going through “hypothetical” situations when you can use force. I was really surprised at the number of those situations were you are well within your rights to use deadly force. Of course, it still comes down to your jury, but hell, it’s Texas we are talking about after all. :)

A lot of Southern states have similar laws about killing anyone you see as a threat to you or your family, either on your property or (get this) a public area. In other words, the main limitation is that you can’t go onto someone else’s property and kill him in self-defence without a really good reason (i.e. without him clearly and violently threatening you…even then, tough to prove).

Basically, if someone is on your property and seems to be up to no good (subjective), you can kill him/her. It’s a very loose law in many states. TX is one of those states, obviously…loosest gun laws in the country, most likely.

I can believe it because it’s in Texas. But it’s also April 1st soon.

If you ignore the sensational thread title, it seems quite fair, in Texas or anywhere.