Why Is Manslaughter a Lesser-Included Offense of Murder in Texas?

There are certain Texas criminal cases where a jury can find the defendant not guilty of the charged offense but still convict on a lesser-included offense. One of the most common scenarios where this comes up is homicide. When a person is charged with murder, a jury may convict on the lesser-included offense of manslaughter.

As the Texas Court of Criminal Appeals explained in a 2012 decision on this subject, “An offense may also be a lesser-included offense if it differs from the charged offense only in the respect that a less culpable mental state is sufficient to establish its commission.” For example, murder requires proof of the defendant’s “intent” to kill the victim, while manslaughter only requires evidence that the defendant “acted recklessly” in killing the victim. Otherwise, both offenses refer to criminal conduct that results in the death of an individual.

Texas Appeals Court Upholds Conviction in Construction Site Shooting

When it comes to manslaughter as a lesser-included offense of murder, a Texas jury is allowed to “infer” recklessness from the evidence. A recent decision from the Texas 11th District Court of Appeals, Torres v. State, illustrates this principle. This case involved a jury acquitting the defendant of murder but convicting him on the lesser-included offense of manslaughter.

The defendant and the victim were co-workers at a construction company. The victim’s father owned the business. On the day in question, the victim was found dead at a job site with a gunshot wound in the back of his head. The defendant was standing behind the victim. He subsequently fled the scene and was later detained by police. Forensic evidence found gunshot residue on the defendant’s clothing. A grand jury subsequently indicted the defendant for murder. Several weeks later the murder weapon, a revolver, was recovered.

At trial, the jury heard evidence that the revolver was the weapon used to kill the victim. Several eyewitnesses also testified. While nobody actually saw the defendant shoot the victim, there was testimony regarding the defendant’s familiarity with firearms and his practice of carrying a gun to work on occasion. The jury ultimately acquitted the defendant of murder but found him guilty of manslaughter.

The appellate court upheld the jury’s verdict. Despite the lack of direct evidence, it held the jury could permissibly “infer” the defendant’s guilt because the witness testimony established he was the “only person who would have loaded the revolver prior to the shooting,” and some witnesses said they saw the defendant place the revolver in his waistband afterwards. Although some witnesses said they thought the shooting was accidental, the appellate court said the jury was free to infer it was a reckless act on the defendant’s part, which supported the lesser-included offense of manslaughter.

Contact a San Marcos Murder & Homicide Lawyer Today

The defendant in Torres received an 18-year prison sentence for his manslaughter conviction. This demonstrates how even conviction of a lesser-included offense can still result in significant punishment. So if you, or someone in your family, is facing similar allegations and you require assistance from an experienced San Marcos murder homicide defense lawyer, contact The Law Offices of David C. Hardaway today at 512-805-6613 to schedule a consultation. We serve clients in San Marcos, Texas, and Hays County, Texas.

Source:

scholar.google.com/scholar_case?case=5231774266279449941