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

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neesaki said:
But a gun or a knife is quick and momentary. Strangulation is not that quick. I don't get it.
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You are correct not quick but def spur of the moment or in the heat of the moment. Crime of passion.
 
LaneGirl said:
Exactly a crime of passion to me (doing further research right now) is last minute in the heat of the moment and grabbing someone by the throat would fit that vs having a gun/knife etc.
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But a gun or a knife is quick and momentary. Strangulation is not that quick. I don't get it.

ETA: I deleted my previous post, as this is the post I meant to reply to, again my apologies.
 
LaneGirl said:
You are correct not quick but def spur of the moment or in the heat of the moment. Crime of passion.
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But it takes more time than a gun or a knife, not to mention it takes a lot more effort. He had time to stop. And he didn't.
 
The "previous conflict" in this case would be the divorce, her not coming home, etc.

Edit: hmm this site is making me rethink my stance http://legal-dictionary.thefreedictionary.com/crime+of+passion

I did ask a lawyer friend about this recently though, and he seemed to agree with me that the crime of passion excuse wouldn't work here, but added the caveat "Then again, it is Texas."
 
neesaki said:
But it takes more time than a gun or a knife, not to mention it takes a lot more effort. He had time to stop. And he didn't.
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I don't think a crime of passion has a limit on time it takes to commit. I think it is more a spur of the moment decision as in the wiki I posted above.

I don't pretend to be a lawyer and I acknowledge I could be wrong but everything I'm googling, strangulation fits the description of a crime of passion:(

Sorta like you and I agree to meet for coffee. We are ok with each other and neither of us have the premeditation to bring a gun or a knife, in fact we are ok with each other, we are meeting to work things out. Then one of us says something that just enrages the other and one of us reaches out and chokes the other or we may even grab an item in the car a flashlight etc...that is a crime of passion.
 
From what I read by googling, crime of passion/heat of passion only applies during sentencing phase, not as a defense, but not sure this case would apply anyway, unless SM says they argued, it escalated, she said inflammatory things, he reacted, etc...but so far, he seems to be admitting what he did, really hoping there is no trial. Jmo
 
cluciano63 said:
From what I read by googling, crime of passion/heat of passion only applies during sentencing phase, not as a defense, but not sure this case would apply anyway, unless SM says they argued, it escalated, she said inflammatory things, he reacted, etc...but so far, he seems to be admitting what he did, really hoping there is no trial. Jmo
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Oddly the wikipedia page I linked above shows it as a defense...

"The 'crime of passion' defense challenges the mens rea element by suggesting that there was no malice aforethought, and instead the crime was committed in the "heat of passion."

Really interesting we are finding different information:)

I will note wikipedia isn't always the most reliable information:)
 
tsp663 said:
Nothing to forgive. I can't get it out of my head either.

Did CM have an iPhone? Do text messages back up in iCloud? I doubt her phone will be found at this point, but her texts have to tell more of the story.

Since she was living with SM, presumably she had a house key. The first thing I do when I get home is look for my kids. Did she peek in on them in their bed before the altercation with SM? Was he waiting for her at the door? Did she park in the garage? So many questions. And ones that deal with premeditation.


Sent from my iPhone using Tapatalk
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Thank you!
And I have those same questions. My guess...he must have been waiting. Since no time of death has been established or reported and the kids saw her flashing on the TV it doesn't seem they saw it. Who knows though?!
 
LaneGirl said:
Oddly the wikipedia page I linked above shows it as a defense...

"The 'crime of passion' defense challenges the mens rea element by suggesting that there was no malice aforethought, and instead the crime was committed in the "heat of passion."

Really interesting we are finding different information:)

I will note wikipedia isn't always the most reliable information:)
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I looked for specific to Texas law.
 
LaneGirl said:
Oddly the wikipedia page I linked above shows it as a defense...

"The 'crime of passion' defense challenges the mens rea element by suggesting that there was no malice aforethought, and instead the crime was committed in the "heat of passion."

Really interesting we are finding different information:)

I will note wikipedia isn't always the most reliable information:)
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cluciano63 said:
I looked for specific to Texas law.
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Yes.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.19.htm

Sec. 19.02. MURDER. (a) In this section:(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.
(b) A person commits an offense if he:
(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; or
(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, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
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In Texas Murder is a felony of the first degree. The penalty is 5 to 99 years.
In Texas, the felony of the second degree, is called Manslaughter. The penalty is 2 to 20 years.

For what it is worth I think there will be a plea deal for Murder that would have a sentence on the high end of the Manslaughter range.
 
She was the same age as I was when I divorced my creepy ex and I too found another man. I can only say that by the hair of my chin did the same thing not happen to me. It is the most dangerous time for a woman.

Was this ex a meth user I wonder? Maybe roid rage? or just plain ole jealousy?
 
I have been reading all along, but have been focused on other cases so haven't posted.
I just finished reading both CM and SM's twitter feeds back to the start of them (or where twitter memory stopped). I am reminded of how people are "in love" and it seems like it will never end. Until they aren't in love any more. And when the switch flips, it is so hard to flip it back. When you see the other person, and have no feeling in your heart for them and it's over. The other person doesn't get it wants things to go back the way they were, when they were loved.

As outsiders, we have no idea what happened, why their relationship ended, and what was done/said in the months leading up to and during and after their divorce. Based on my own experiences with my own divorce, I can imagine. Just heart breaking to see the love and happiness of this family turn into this horrific nightmare.

Hoping that the light that Crystal shared with her children will stay lit within them for their lives.
 
dizzychick said:
She was the same age as I was when I divorced my creepy ex and I too found another man. I can only say that by the hair of my chin did the same thing not happen to me. It is the most dangerous time for a woman.

Was this ex a meth user I wonder? Maybe roid rage? or just plain ole jealousy?
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This is just my opinion, after everything I've read and watched. I really got the sense that he was completely devastated by the end of his family, and could not accept it. It seems like he was doing everything he could to ignore and erase the reality of the divorce. I got the sense that his family was his life, and CM was so lovely inside and out. To have that light shined on you, and then turned off... it may have been something that broke him. Not knowing anything about his own upbringing and history, hard to say. Honestly, I don't get the sense that he was abusive during their relationship, but that may be CM's covering of it and making it be what she wanted it to be (the family she wanted). Also got the sense his own sense of esteem and self was low, and having CM in his life, having kids with him, gave him a lot of worth.

Whatever the case, he turned into a monster, and destroyed all that was beautiful in his life. In his mug shot, he looks like he hates himself. As he should.
 
georgiajean said:
This is just my opinion, after everything I've read and watched. I really got the sense that he was completely devastated by the end of his family, and could not accept it. It seems like he was doing everything he could to ignore and erase the reality of the divorce. I got the sense that his family was his life, and CM was so lovely inside and out. To have that light shined on you, and then turned off... it may have been something that broke him. Not knowing anything about his own upbringing and history, hard to say. Honestly, I don't get the sense that he was abusive during their relationship, but that may be CM's covering of it and making it be what she wanted it to be (the family she wanted). Also got the sense his own sense of esteem and self was low, and having CM in his life, having kids with him, gave him a lot of worth.

Whatever the case, he turned into a monster, and destroyed all that was beautiful in his life. In his mug shot, he looks like he hates himself. As he should.
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You may very well be right and hey we are kinda sorta neighbors LOL Im in Concrete a bustling city of 700 LOL I just moved here from Midlothian ( Missy bevers hometown) had lived there 32 years but was raised in Dallas so this small town is just too small lol only the lack of stores that gets to me. Sure is beautiful up here.

I think you may be right but wondered if anyone saw workout equipment? Sometime those gym guys do anabolic steriods to bulk up and it makes them cray cray pretty fast, dunno just do not get how someone thinks they have the right to take another's life that has not threatened them physically.

Oh and her boyfriend had a guardian angel watching him cause he is so lucky the ex didnt shoot them both, this happens as we sadly know
 
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