Found Deceased TX - Crystal Seratte McDowell, 38, Baytown, 25 Aug 2017 #3 *Arrest*

[cluciano63]

As many have said, he can plead not guilty if his lawyer advises. Perhaps based on "temporary insanity" or false confession/coerced etc...will have to wait and see.

If he lived in the family home and Crystal was just staying there, he may have been seen as custodial I guess. Was her plan to take one child to her townhouse eventually? Or share custody 50/50? Ugh how I wish she had severed her relationship with him months earlier and stayed clear...as I am sure her family probably wishes as well. But there is no way to know if that would have protected her anyway.

 

[Landchick]

With the split custody situation I don't know which child was going to be staying with him and which would be staying with her. That isn't a typical custody arrangement so in some sense this seems more messy in terms of arrangements and what may be the basis for it. I doubt we could get the sealed divorce records to find out but usually the state looks out for the best interests of the children and splitting them isn't done lightly. That it was done without intervening steps of Guardian Ad Litums and counselors and reports back to the court (none seen in the docket) has me wondering how the split custody was so easily determined to be the best situation.

Split Custody??

Split Custody between the Parents not children. 50 percent each parent. I don't think they would be splitting the children up.


Sent from my iPhone using Tapatalk Pro

 

[Hraefn]

As a very broad and basic attorney explanation, with the side note that I am not licensed in TX...

U.S. law requires both (1) mens rea [guilty mind], and (2) actus reus [guilty act], for something to be considered a crime. http://law.jrank.org/pages/22506/Criminal-Law-Elements-Crime-Mens-Rea-Actus-Reus.html

In U.S. law (and each state differs) the term "homicide" means any killing of one person by another person. Not all homicides are murders, and not all homicides have the guilty mind (also known as intent) element. Some homicides are even justified under the law, for example when law enforcement kills someone for LEGALLY justifiable reasons. Another example is homicide in self defense or defense of others (in some states). Additionally, most states have 4 degrees of unlawful homicides, the highest being premeditated murder, the lowest being involuntary manslaughter (i.e. killing someone in a drunk driving accident).

Criminal law gets so nuanced beyond this. Felony murder, for example, allows for a "transferred intent" whereby if the perpetrator intended to commit a felony, such as armed robbery, and someone ACCIDENTALLY dies in the commission of that felony in a foreseeable manner, the perp. can still be charged with an intentional murder.

With all these nuances it is very possible and common for a person who confesses to killing another person to still plead not guilty to a higher degree of murder. I.e. "yes I killed him/her, but it was an accident," or "yes I killed him/her, but I am insane" or "yes I killed him/her, but it was self defense."

 

[Jethro4WS]

Not always. We can't know without seeing the order. Was Crystal the primary earner when they divorced? Is that known?


Sent from my iPhone using Tapatalk

You can get the docket from the Harris County court - you have to register an account and log on or I would link it. It says right in it Split Custody. No Child Support after Admonishment.

 

[Jethro4WS]

As a very broad and basic attorney explanation, with the side note that I am not licensed in TX...

U.S. law requires both (1) mens rea [guilty mind], and (2) actus reus [guilty act], for something to be considered a crime. http://law.jrank.org/pages/22506/Criminal-Law-Elements-Crime-Mens-Rea-Actus-Reus.html

In U.S. law (and each state differs) the term "homicide" means any killing of one person by another person. Not all homicides are murders, and not all homicides have the guilty mind (also known as intent) element. Some homicides are even justified under the law, for example when law enforcement kills someone for LEGALLY justifiable reasons. Another example is homicide in self defense or defense of others (in some states). Additionally, most states have 4 degrees of unlawful homicides, the highest being premeditated murder, the lowest being involuntary manslaughter (i.e. killing someone in a drunk driving accident).

Criminal law gets so nuanced beyond this. Felony murder, for example, allows for a "transferred intent" whereby if the perpetrator intended to commit a felony, such as armed robbery, and someone ACCIDENTALLY dies in the commission of that felony in a foreseeable manner, the perp. can still be charged with an intentional murder.

With all these nuances it is very possible and common for a person who confesses to killing another person to still plead not guilty to a higher degree of murder. I.e. "yes I killed him/her, but it was an accident," or "yes I killed him/her, but I am insane" or "yes I killed him/her, but it was self defense."

Texas does not have degrees of murder.

 

[SuperTmo]

I guess they were primarily living with him because he was the one with the house? I imagine it would have been more split once the her townhouse was finished.

Yes, I agree. Again it's just the facts of the case. She decided to renovate the house instead of moving into it right away so the kids had to stay with him. Where else would they go, since she was also staying with him.

 

[Jethro4WS]

Split Custody??

Split Custody between the Parents not children. 50 percent each parent. I don't think they would be splitting the children up.


Sent from my iPhone using Tapatalk Pro

Well here is a description of Split Custody in Texas.

https://www.wmtxlaw.com/splitting-custody-of-the-children-in-a-texas-child-custody-case/

 

[DeDee]

He may not be dumb. He may have had something else in mind. It could be staging in conjunction to where the car was found. We don't know yet.

Although not all psychopaths are killers, their IQs are typically above average.

My own interpretation, as I don't have a link for this, but going back to the Motel 6 when the female guest videos Crystal's car in the parking lot, she also attempts to record the male and female that LE captured near the Interstate. Those are the 2 people who entered Crystal's car from the gas station where it was originally abandoned.

The two individuals found that Crystal's car was waterlogged and basically undriveable. Hence, it was left where we see it in the lot at Motel 6. It was placed, parked and abandoned there by the two would be car thieves. That is how the evidence in the car will prove to be compromised.

Crystal's family was standing very near the female who was filming with her cellphone on the balcony of the Motel 6. She shows them during the long video.

 

[SuperTmo]

It's kind of "duh" info, isn't it? I mean, Crystal was living there, too, so the kids couldn't exactly be elsewhere now could they? They were ALL primarily living with Steve, until Crystal's townhouse was final.

LE has been throwing shade on Crystal and her family throughout the whole ordeal. Talking about how they compromised evidence (that LE had made no effort to obtain) and how "Crystal had 'many' relationships to be looked into, including inappropriate ones" or however they worded it.

Apologies if this has been said already. It isn't true that LE made no effort to obtain the evidence before the family compromised it. They went to the townhouse before reporting her missing and looked for her. They found out the location of the car from a Facebook post and instead of telling the police right away, they went to it and went through it and THEN told the police where they found it.

 

[Gooddeeds]

Texas does not have degrees of murder.

Thanks Jethro for braking this down.

What's the difference between murdering and killing his ex wife?

 

[Gooddeeds]

Although not all psychopaths are killers, their IQs are typically above average.

My own interpretation, as I don't have a link for this, but going back to the Motel 6 when the female guest videos Crystal's car in the parking lot, she also attempts to record the male and female that LE captured near the Interstate. Those are the 2 people who entered Crystal's car from the gas station where it was originally abandoned.

The two individuals found that Crystal's car was waterlogged and basically undriveable. Hence, it was left where we see it in the lot at Motel 6. It was placed, parked and abandoned there by the two would be car thieves. That is how the evidence in the car will prove to be compromised.

Crystal's family was standing very near the female who was filming with her cellphone on the balcony of the Motel 6. She shows them during the long video.

I totally missed the Gas station report. Was that stated earlier on in the thread?
Thank you

 

[Jethro4WS]

Thanks Jethro for braking this down.

What's the difference between murdering and killing his ex wife?

Here is a link that briefly describes the differences. Like the attorney just said up-thread there may be nuances.

http://www.medlinfirm.com/the-difference-between-manslaughter-and-murder-in-texas/

 

[SuperTmo]

As many have said, he can plead not guilty if his lawyer advises. Perhaps based on "temporary insanity" or false confession/coerced etc...will have to wait and see.

If he lived in the family home and Crystal was just staying there, he may have been seen as custodial I guess. Was her plan to take one child to her townhouse eventually? Or share custody 50/50? Ugh how I wish she had severed her relationship with him months earlier and stayed clear...as I am sure her family probably wishes as well. But there is no way to know if that would have protected her anyway.

I imagine this guy telling the Judge he was only temporarily insane when he confessed.

 

[bellesnwhistles]

I think crystal had no choice but to live with SM. He probably didn't give her any other options, using the threat of not seeing her kids. He probably even gave her conditions.. I wonder if this was the first night she slept at new BFs house?

 

[Eileen730]

Split custody is different. It is where each parent is awarded residential parenting time with one or more of the children, and the other has “visitation type” parenting time with the children that live with the other parent. Some of the children reside in one parent’s household and some reside in the other parent’s household

 

[Hraefn]

Texas does not have degrees of murder.

Degree was a poor choice of words. I believe Texas has murder, voluntary manslaughter (crime of passion), involuntary manslaughter, and felony murder. Again, I am not licensed there, so this post is based on a google search of Texas homicide laws.

 

[SuperTmo]

Split Custody??

Split Custody between the Parents not children. 50 percent each parent. I don't think they would be splitting the children up.


Sent from my iPhone using Tapatalk Pro

This is discussed at length in the other threads on this case..........

 

[Sleuthin' n TX]

BREAKING NEWS!!!!

HUSBAND ADMITS TO HER MURDER!

http://abc13.com/sheriff-realtors-murder-unravels-in-tearful-confession/2404499/

 

[Annie1004]

Certainly, SM is not exactly a good guy, but I do believe he probably didn't plan this or he would've done a better job covering it up. I think he genuinely believed they'd work things out(and it looks like Crystal may have led him to believe this with the cruise, staying at the house, etc.) and probably flew into a rage once he realized what was going on with the BF, the cruise, the FB post. I don't know if it was a physical assault that turned deadly or what, but it just doesn't seem particularly premeditated. Seems like he would've arranged the kids to be with someome if he planned this in advance. Either way, he is responsible completely for his actions. I do wish she had been a bit more careful in her dealings with him due to his controlling nature and temper. It seems like letting him know about the cruise on such short notice and taking another man on a cruise with their children was probably not going to go over well given what we know about SM. Her optimistic nature that made her so lovable just didn't serve her well under these circumstances.

Well said. I have no doubt he will plead "temporary insanity" or manslaughter because he "had enough and lost it": His hopes/illusion of still being together were shattered. If he had a clean record with no domestic disturbances then that would help him.

So true it's a fine line between love and hate.

Those poor children. Everyone lost by the ex's irreversible actions.

 

[Jethro4WS]

I think crystal had no choice but to live with SM. He probably didn't give her any other options, using the threat of not seeing her kids. He probably even gave her conditions.. I wonder if this was the first night she slept at new BFs house?

She had choices. She could have rented a place if she had wanted to do so or made other arrangements. The divorce was final so the decree would have already divided whatever assets so there was no reason to stay with the Ex-husband post decree - in the situation where her attorney had advised her not to leave her residence prior to the divorce being final. We might find out more about why this was the arrangement but it may come down to costs and/or things were otherwise amicable or tolerable to continue living there.