Irving Police Department Public Information Officer David Tull agreed. "
We just look at the facts. The man killed his two daughters. This is a domestic violence, multiple-capital murder case."
"I'm very upset about it," said Gartrell, who argues that the case needs special consideration. "
This is not a typical murder case. When a family member murders another family member to protect [the family] name — that's different."
Guys,
Here in Texas, under Chapter 19 (Criminal Homicide), Title 5 (Offenses Against The Person) of the Penal Code:
§ 19.01. TYPES OF CRIMINAL HOMICIDE.
(a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.
(b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.
§ 19.02. MURDER.
(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
IMO,
it is covered by existing law by whatever name you call it.
Richard's $.02
