Its a fantastic way to waste a boatload of taxpayer $$$. In Texas you have to show that you intentionally or knowingly caused the death of the individual. For instance, if you had laced the "cheese" with rat poison you could probably be convicted of murder. It the present case the DA can't show that this is sufficient under Texas law to support a murder conviction. Even if the DA gets a conviction it will be reversed at some level of state or federal appeal. $50,000 later you get a nice retrial. Way to go Irving.
Do the murder charges give them any additional investigative tools? Or possibly leverage to press those charged for information about the source of the drugs?
I don't see murder here. My best guess is they're charging murder as a scare tactic to others and so that entering a plea for criminally negligent homicide doesn't sound so bad to the accused.
If you have any life experience at all, someone who is 18 is still "just a kid." On this chartThe Link they more accurately say "North Texans 18 or younger."
Yeah the charge is BS. I don't see too many frat brothers, liquor manufacturers, or bar owners getting charged with murder when someone dies of Alcohol poisoning. When is the last time the makers of Tylenol got charged with attempted murder when somebody's liver failed?
If this DA pursues takes this charge to the grand jury, he should be reprimanded for prosecutorial misconduct and disciplined accordingly. It is not a car purchase. you do not WAY overshoot the value of the case to a GJ, just to leverage that later. I hope some advocacy group jumps on this up there. I would take this pro bono if it were down here. maybe not totally pro bono.
