This is actual Texas
Not the Hollywood or New York image of Texas.
I’m still recovering from the sudden death of our beloved dog, so this may not be as well researched or articulate as my essays usually are.
I’m trying to avoid the Karmelo Anthony trial, but social media has obviously fallen in love with it.
I have long been absolutely tired with the entertainment industry’s version of Texas laws and the Texas legal system, and this case perfectly exemplifies the stupidity of the entertainment industry.
Of the many, many idiot takes on the whole situation — and trust me, the peanut gallery is rife with Teh Dumb — is the claim that Anthony should not be charged with murder “because there was no premeditation”.
Ok. So?
Crimes in Texas — and I suspect elsewhere in the United States — are strictly defined in the Penal Code, using the legal term “Elements of the Offense”. Each criminal offense in Texas has a list of elements, and not only must each element must be present, but at the trial the State must prove each element was present.
To find the “Elements of the Offense” for each crime, one should examine the Texas Penal Code, where each crime is listed. And given that this is the Century of the Fruitbat1, the internet is chock-full of “search engines”, so this shouldn’t be hard at all.
Texas Penal Code, Chapter 19 covers “Criminal Homicide”, of which murder falls into, specifically 19.02.
19.02 (a) covers definitions used in the section, 19.02 (b) are the actual elements of the offense of murder, to wit:
(b) A person commits an offense if the person:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, the person commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual; or
(4) knowingly manufactures or delivers a controlled substance included in Penalty Group 1-B under Section 481.1022, Health and Safety Code, in violation of Section 481.1123, Health and Safety Code, and an individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual’s body any amount of the controlled substance manufactured or delivered by the actor, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant.
So. (1) is the “culpable mental state”2. In order for the offense of murder to have occurred the criminal actor must have “intentionally or knowingly” killed someone; and (2) says “intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual”.
That’s it. Anybody see “premeditation” in there? Anywhere?
“Serious bodily injury” is a clearly defined legal term, found in Chapter 1, of the Texas Penal Code, specifically, section 1.07 (46), to wit:
"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Does stabbing someone with a knife create a substantial risk of death OR death OR serious permanent disfigurement OR protracted loss or impairment of the function of any bodily member or organ?
Oh, hell yes.
“But, Ian, it was self-defense!”
Well, hey, guess what? The Texas Penal Code covers that, too. And Google is still your friend!
Texas Penal Code, Chapter 9, specifically Subchapter C, Section 9.32:
(a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other’s use or attempted use of unlawful deadly force; or
(B) to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
“Deadly Force” being defined in Penal Code 9.01(3) as:
"… force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.”
So. In order to justify using a knife to defend himself, Anthony has to prove that he thought the deadly force — yes, a knife is deadly force — was necessary to prevent the other kid from using or attempting deadly force against Anthony, or that the other kid was committing the crimes of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
Yes, each of those has the required elements and definitions listed in the Texas Penal Code, and you can use Google to find them.
Personally, given the facts of the case I’ve seen so far, I don’t think he can prove either of those situations.
“But, Ian! Texas is a Stand Your Ground State!”
Yeah. And?
Sigh.
Section ( c ) of 9.32 is the relevant “Stand Your Ground” statute, to wit:
“A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.”
In order for the Stand Your Ground statute to be relevant, Anthony is going to have to prove that he was lawfully present AND that he did not provoke the interaction OR that he was not engaged in criminal activity at the time of the incident.
If he was told to leave, he was no longer “lawfully present”.
Folks, I don’t care how popular TV shows and movies about Newt Yack City, or the People’s Democratic Republic of California are — the fictionalized laws of the People’s Democratic Republic of California or New Yack City have sod-all to do with the laws of Texas. Stop trying to apply Hollywood’s bastardized versions of the People’s Democratic Republic of California or Newt Yack City laws to the Lone Star State.
Thank you.
Ian
postscript: Dear Internet, guess what? The selection of a criminal jury in Texas is strictly bound by law, and you should probably research the Texas Code of Criminal Procedure, Chapter 35 (Titled “Formation Of The Jury”)3 before you go running off at the mouth, mmkay?
Ian
If you’re not reading Sir Terry Pratchett, you are missing out on the philosopher of my generation.
There are four (4) culpable mental states in the Texas Penal Code: Intentionally, Knowingly, Recklessly, and With Criminal Negligence. For in depth reading, go to Chapter 6 of the Texas Penal Code.
That title is what us retired law enforcement types call “a clue”.
I really wish more people would look deeper into the details of this trial.
Here is a big one: Why are there no African Americans on the jury? Because every African American in the jury pool said they would refuse to find Karmelo Anthony guilty or that they had other reasons they could not be on the jury.
1. People are stoopid. 2. Hollywood not only can’t change #1, but actively contributes to it.