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 Church_Mouse
Joined: 9/15/2004
Msg: 1
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Husband kills wife's lover; wife chargedPage 1 of 3    (1, 2, 3)
ARLINGTON, Texas (AP) -- 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.

"If I found somebody with my wife or with my kids in my house, there's no telling what I might do," said Juan Muniz, 33, who was having lunch Friday with one of his two small children at a restaurant in the middle-class suburban Dallas neighborhood where the Robersons lived. "I probably would have done the same thing."

Tracy Roberson, 35, could get two to 20 years in prison in the slaying of Devin LaSalle, a 32-year-old UPS employee.

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."

Mark Osler, a Baylor University law school professor and a former federal prosecutor, said the grand jurors evidently put themselves in the husband's place: "I can see one of them saying, 'I would have shot the guy, too. I was just protecting my wife.' "

The December night before the shooting, Tracy Roberson sent LaSalle a text message that read in part, "Hi friend, come see me please! I need to feel your warm embrace!" according to court papers. LaSalle apparently agreed.

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.

Darrell Roberson's attorney did not immediately return a call for comment.

His wife also was charged with making a false report to a police officer -- for allegedly saying she was raped -- and could get up to six months behind bars on that offense. It was not immediately clear whether she had a lawyer.

She had not been arrested as of Friday afternoon.
 Love_on_fire
Joined: 12/31/2006
Msg: 2
Husband kills wife's lover; wife charged
Posted: 3/31/2007 8:33:13 PM
When there is Immorality like this that happens , it always leads to trouble.

Don't tell me that adultary should be legal, it shouldn't. These are one of the reasons for making it illegal.

It was an unfortunate incident, but all people can do is learn from mistakes and pray that they don't repeat the same errors.

Lies/false witnessing, adultary and sexual immorality are a very bad combination.
 Alaskan Born
Joined: 3/13/2007
Msg: 3
Husband kills wife's lover; wife charged
Posted: 3/31/2007 8:59:45 PM
She should definitely be charged for filing a false police report, but not for manslaughter. She cannot be held responsible for her husband's actions.
 sombient
Joined: 2/7/2007
Msg: 4
Husband kills wife's lover; wife charged
Posted: 3/31/2007 9:08:58 PM
The point of the indictment is to keep women in a similar situation from using the same cop-out (crying rape when its an consensual sex/adultery) - in other words, the court is making a lesson out of this case by setting precedent in the charges brought against the wife in this case.

This woman is slime - she deserves to be indicted, but so does the husband, at least for 2nd degree murder /manslaughter. He should NOT be allowed to get off scot-free - it makes the police look like idiots. The DA should be slapped hard for this 'solution'.

What a surreal mess.
 Love_on_fire
Joined: 12/31/2006
Msg: 5
Husband kills wife's lover; wife charged
Posted: 3/31/2007 9:57:46 PM
This woman is slime - she deserves to be indicted, but so does the husband, at least for 2nd degree murder /manslaughter. He should NOT be allowed to get off scot-free - it makes the police look like idiots. The DA should be slapped hard for this 'solution'.




The Husband maybe should get some counceling as I'm sure he is all shook up.

I think maybe fine the husband at most. But it was uncalled for what the wife did.

That shows us what adultary can do.

 slysterling
Joined: 1/9/2007
Msg: 6
Husband kills wife's lover; wife charged
Posted: 3/31/2007 10:15:54 PM
fine the husband? are we kidding here?...lets see if this one's any different

a story is often told to young salesmen about an event many years ago in a northern mining town. A team of representatives for a particular company would arrive in town for a week and conduct business...yippee...some sharp dressed guys...during their business activities they'd meet all walks of life in all professions...anyway...to make a long story short, some of the local women in one particular town had no qualms about lying to some of the reps about marital status and relationships and things...and made sure they got themselves a good pound and a half of flesh while the lads were in town

of course, remember it's a relatively small city, population-wise...so very little is not common knowledge ...so one of the local men heard a story about recent transgressions and went to the roadside motel to kill the man...he kicked in the door to the wrong room...and shot to death a happily married very christian man that had 3 kids and a loving wife back home...

...should that one have just got a fine too?
 e-wok
Joined: 9/25/2006
Msg: 7
Husband kills wife's lover; wife charged
Posted: 3/31/2007 11:06:08 PM

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.


In Texas, apparently, even when your life or families life is no longer
in danger, you can hunt the dude down and take his life......it's all
perfectly legal from what I'm reading.

That woman made no effort to stop her husband from killing an
innocent man.


The Husband maybe should get some counceling as I'm sure he is all shook up.


Personally I think he's relieved that he finally got to kill somebody....I mean, he's
been carrying that gun around for sooooooo long and the only time he's ever
probably killed anybody was in his fantasy. But here came the opportunity....the dude
almost escaped in his truck - danger was gone - he shot him clean in the
head.

Ya'll come back now y' hear?
 dumberthanowlshit
Joined: 2/16/2007
Msg: 8
Husband kills wife's lover; wife charged
Posted: 3/31/2007 11:16:25 PM
Ewok... Thats pretty good. I have to agree that it just so happens he had a sidearm handy is a bit much. And I think someone dragging your wife out in the driveway to rape her in the pickup might have been a tip that something didn't warrant killing someone. Maybe he could have just told him to stop or he would shoot. I would guess he would have to be charged with at least manslaughter.
 Nor Cal
Joined: 2/20/2007
Msg: 9
Husband kills wife's lover; wife charged
Posted: 3/31/2007 11:20:03 PM
what i want to know is why was he carrying a gun on the way home from a card game?!??!!?...
 slysterling
Joined: 1/9/2007
Msg: 10
Husband kills wife's lover; wife charged
Posted: 3/31/2007 11:23:35 PM

She cannot be held responsible for her husband's actions.


..she is responsible for her husband's actions...her deliberate actions caused her husbands actions...
 Piano4te
Joined: 10/19/2006
Msg: 11
Husband kills wife's lover; wife charged
Posted: 3/31/2007 11:24:23 PM
(to msg 10)^^^^Because it's legal in Texas to carry one......

There's also a law in Texas that you aren't allowed to shoot a man in the back.....but you ARE allowed to shoot him in the kneecaps.....just so he can turn around long enough to hit him in the front.........
 e-wok
Joined: 9/25/2006
Msg: 12
Husband kills wife's lover; wife charged
Posted: 3/31/2007 11:41:26 PM
http://seattletimes.nwsource.com/html/nationworld/2003644620_texaskill31.html

Here's a pic of what that dude looks like......he looks pretty nasty.
 Wookie50
Joined: 4/9/2006
Msg: 13
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Husband kills wife's lover; wife charged
Posted: 4/1/2007 2:33:54 AM
/In Texas, apparently, even when your life or families life is no longer
in danger, you can hunt the dude down and take his life......it's all
perfectly legal from what I'm reading./

Yep. He had to launch a pre emptive attack to protect himself from the non existant weapons.
 honest_nice_guy
Joined: 9/18/2006
Msg: 14
Husband kills wife's lover; wife charged
Posted: 4/1/2007 4:05:43 AM
what i want to know is why was he carrying a gun on the way home from a card game?!??!!?...


Texas


The DA should be slapped hard for this 'solution'.

It isn't the DA's decision - it was a Grand Jury that declined to indict hubby. I dont know about Texas but in some states, the DA can then bring charges without GJ indictment.

 CountIbli
Joined: 6/1/2005
Msg: 15
Husband kills wife's lover; wife charged
Posted: 4/1/2007 10:29:47 AM
Seems to me that both should go to jail. The husband used deadly force against someone who was not, apparently, using deadly force. He exercised poor judgement and should have used the minimum amount of force necessary to defend himself and his wife (even though in hindsight we know there was no self-defense involved). I'm guessing something like manslaughter. The wife should be put on trial for murder.
 Church_Mouse
Joined: 9/15/2004
Msg: 16
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Husband kills wife's lover; wife charged
Posted: 4/1/2007 10:58:13 AM
Sadly this is not the only time a woman has lied about being raped. Here is one from a few years ago.




Jail for false rape claim woman

A woman who accused an innocent man of rape, causing him to be arrested and charged, has been jailed for 18 months. Zoe Davydaitis made up the allegation about ex-soldier Phillip Young, 49, in a bid to win back her lesbian lover.

Davydaitis, 24, Fenlake Road, Bedford, pleaded guilty to perverting the course of justice at Luton Crown Court.
The defendant admitted using a hammer to strike the inside of her thighs to create the bruise marks needed to make her story sound convincing.

The whole of the CID office at Bedford Police Station was involved in the hunt for a rapist after Davydaitis' false claim, and DNA testing of her clothing cost £10,000.
Hate mail

Davydaitis, described by prosecutor Christopher Amor as a "self-centred attention seeker", even picked out Mr Young at an identity parade as the man who had raped her while she was taking her dog for a walk on 16 July, 2004.

When police arrested Mr Young he was recovering from a broken back he had suffered in a fall. His spine had been broken in eight places and he was wearing a body brace. Despite his protestations that it would have been impossible for him to have raped her, the Crown Prosecution Service decided he should be charged with rape.
After Mr Young's name appeared in the local papers he received hate mail, stones were thrown at his windows and he was attacked in the street and suffered a broken arm. His ex-wife even stopped him seeing his two young children.

Davydaitis finally withdrew her statement on 22 March 2005 after her friend told police how she had confided in her about making up the rape allegation. Handing down sentence Judge Barbara Mensah told Davydaitis: "This was a particularly nasty, calculated and malicious lie which persisted over time."

Outside court Mr Young of Lansdowne Road, Bedford, said: "This woman has ruined my life with her lies. I could have gone to prison for years because of her. I can never forgive her for what she did to me"
Story from BBC NEWS:

http://news.bbc.co.uk/go/pr/fr/-/1/hi/england/beds/bucks/herts/6486069.stm



I believe there should be a punishment that is harsh for this type of crime. Yet you hardly hear about it. I feel that women who do what these two women had done should register as sex offenders.
 CountIbli
Joined: 6/1/2005
Msg: 17
Husband kills wife's lover; wife charged
Posted: 4/1/2007 11:33:03 AM
Though estimates vary, about half of all rape complaints turn out to be false accusations. So guys, before you shoot someone your wife claims is a rapist, ask yourself if you're willing to bet a man's life on the flip of a coin.
 sombient
Joined: 2/7/2007
Msg: 18
Husband kills wife's lover; wife charged
Posted: 4/1/2007 12:59:26 PM
I was wrong, regarding my comment on the DA. He/She did attempt to bring charges against the husband, and the runaway grand jury elected to change the indictments.

http://en.wikipedia.org/wiki/Grand_jury

Apparently, this change in indictment by a Grand Jury is uncommon. I suspect that an appeal would be filed in such a case, as it ignores culpability for his actions by the husband and insinuates culpability by the wife for his action instead. While she may have influenced his emotional reaction, she didn't put the gun in his hand and pull the trigger for him.

She could have conceivably exited the house in en déshabillé and been apprehended by an attacker she knew, who could use the truck bed as an impromptu 'bed' for rape (given that rolling around on the ground could be nasty is there are red ants colonies in the vicinity).
 marathonman11x7
Joined: 4/29/2005
Msg: 19
Husband kills wife's lover; wife charged
Posted: 4/1/2007 1:52:07 PM

but not for manslaughter. She cannot be held responsible for her husband's actions.


IF she had reason to believe that her husband had access to a gun. If she believed that her husband would even possibly seek to "defend" her......HER lie directly led to the death of her lover. She manipulated a situation which led to someone's death. This is recklessness under the statute for involuntary manslaughter.She SHOULD be charged...now, making a solid case should prove interesting. Both she and her husband should be charged with manslaughter.
Manslaugeter may involve an unintentional killing but with a willful disregard for life.
She should be charged with involuntary manslaughter due to her "recklessness of her LIE and manipulation. She IS responsible for her lie and manipulation ...her "recklessness" which led to the death of her lover. He should be charged with voluntary manslaughter with voluntary manslaughter "in the heat of passion" or with provocation.


Both should be charged and both charges should stick and both should be convicted IF the facts remain as stated.
 imalitltpot
Joined: 2/11/2007
Msg: 20
Husband kills wife's lover; wife charged
Posted: 4/1/2007 2:06:34 PM
1. She WANTED to get caught or she wouldn't have been in her own driveway!

2. The husband thought he was protecting his family. He should not be charged.

3. It was the UPS guy for God's sake -- who can resist the UPS guy? All hot in his brown shorts??
 atlast
Joined: 2/25/2007
Msg: 21
Husband kills wife's lover; wife charged
Posted: 4/1/2007 2:08:07 PM
I know of a few incidences where women got drunk and fooled around with men they met in bars, and upon awakening the next morning realized they were going to have to explain this to their friends, families, and boyfriends/husbands, so they started screaming rape. Police investigations usually turned up similar stories from their past.
There is nothing more dispicable than a man who would rape a woman, a woman who would falsely accuse a man of rape to save her reputation, or, even worse, as I saw on a TV show the other day, a woman and her mother were caught coaching her three year old daughter to say "Daddy touched my privates" apparently so they could win full custody in a divorce action. How you could consider ruining someones life in such a manner is beyond me. Often these people face no consequences for their actions.
 honest_nice_guy
Joined: 9/18/2006
Msg: 22
Husband kills wife's lover; wife charged
Posted: 4/1/2007 2:10:24 PM

I suspect that an appeal would be filed in such a case


no appeal can be filed since grand juries do not render binding decisions - they simply determine whether to indict (charge) an indivual or not indict. Once charged ( as the wife is), a trial ensues. A person not - indicted (hubby) has not been exonerated. The same case can be taken to next grand jury - no double jeopardy since no trial/decision. In some states, DA can bypass grand jury and bring charges directly (direct indictment).

Grand Juries bring strange decision. Ive heard eteran prosecutors say " I can get a grand jury to indict a ham sandwich'. The 'accused is not present, doesnt face accusers, attorneys arent allowed etc. So its a long way from over. Expect hubby will be charged and wifey convicted of something significantly less.
 honest_nice_guy
Joined: 9/18/2006
Msg: 23
Husband kills wife's lover; wife charged
Posted: 4/1/2007 2:14:26 PM
The husband thought he was protecting his family. He should not be charged.


Not really. Aside form the (rather significant) element of wifey faking rape, the story is played out frequently. You cannot shoot a retreating assailant and claim defense. Deadly force can only be used when the reasonable person would fear for safety. That cames from an advancing and not a retreating assailant. When you shoot the retreating assailant, it is revenge and not defense - 2nd degree murder; maybe manslaughter. The retreating assailant no longer poses a danger to you or loved one but you are pissed as hell (naturally) - but its revenge not defense.
 sombient
Joined: 2/7/2007
Msg: 24
Husband kills wife's lover; wife charged
Posted: 4/1/2007 2:27:40 PM
I think that prosecutors are trying to deal with these cases, OP. I see your point in last post.

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/09/30/nrape30.xml
 SinnamonTears
Joined: 8/6/2006
Msg: 25
Husband kills wife's lover; wife charged
Posted: 4/1/2007 2:40:26 PM
I agree with the wife's actions, caused the husbands action's....and who knows till all is said and done...she might have told him that the man that was raping her had a knife or gun......he shot at the pickup , it just so happens he got him in the head.......in the state of Texas you are allowed to shoot someone, that is on your property at night....without going thru all my college books I cant tell you the exact crimainal code it is ....but it does exist. Lots of American's have concealed weapons permits....so what is so surprising that he was carrying a gun...(you can carry a weapon so long as it isnt concealed without a permit even )lots of people do. I am glad to see thou that they are going to hold the wife accountable....as to the husband.....I don't think he should get it for murder but....without knowing all of the story....I can't really make up my mind what would be the right thing to do. I might have taken the same action.....only I am hoping that I am a better shot than he was...and just taken out the tires so that he would have had to leave on foot....thus he would have been able to be tracked down and apperhended later by police. In the heat of the moment thou most people just dont think clearly.
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