Amber mistakenly entered Bo’s apartment, assuming it was hers and shot him, worrying she was in danger. The defendant stated that she was fearing for her life and was tired after work. However, Bo’s apartment was marked by a red doormat, while Amber’s did not have one. There was no evidence to verify that his behavior towards her was aggressive or threatening, and the medical examiner stated that he was most likely standing up or sitting down when he was fatally shot.
In order to choose a specific charge, it is important to define the kind of crime that occurred. According to chapter 19 and section 01 of the Penal Code of Texas, there are four types of criminal homicide: murder, capital murder, manslaughter, and criminally negligent homicide (Texas Constitution and Statutes, n. d.). Judging by the description of the event, Amber’s case falls under Section 04, which is manslaughter. Said situation is defined as a second degree crime and by the person recklessly claiming the life of another one. As mentioned earlier, Amber thought that Bo was going to kill her, which may be defined as a “heat of passion” manslaughter defense (FindLaw’s team, 2018). This means that the defendant was motivated to commit the felony due to extreme emotions, including fear.
I would not have charged her with murder because she was under the influence of feelings at the time of the incident. Moreover, the felony would have been considered as a murder if the defendant were to commit another felony and claim the individual’s life in the process, intentionally causing a person’s death or severe injury that would lead to the latter’s passing. Thus, I would have charged Amber with manslaughter instead of murder.
References
FindLaw’s team. (2018). Texas manslaughter laws. FindLaw. Web.
Texas Constitution and Statutes. (n.d.). Penal code Chapter 19. Criminal homicide. Web.