I don't think there is one. I think murder was what they had to indict with under the facts, but I also think TX law allows the jury to charge her with a lesser crime. I've been digging through a lot of statutes, bear with me LOL.
The murder statute states:
So IMO it is pretty clear that's exactly what she did, so the burden has shifted to the defense team to prove the murder was justified under the law.
The mistake of fact statute states:
Texas Penal Code § 8.02 | FindLaw
JMO but this mistake of fact statute is horribly written. Attempting to translate it from legalese, I think it means "Murder is justified if the defendant's reasonably mistaken belief negates the defendant's culpable mental state."
The culpable mental state definitions for murder in TX:
PENAL CODE CHAPTER 6. CULPABILITY GENERALLY
IMO AG could be found to have either/both these mental states in this case.
[BBM] (same link as previous) The bolded part secures for me that the jury can convict her of a lesser charge. Her intent/knowing mental state can be transferred down to the lesser charges if the jury sees them fit better IMO.
So it's confusing, especially because the case relies on a highly confusing mistake of fact statute. I'm sure case law in TX has fleshed it's meaning out
way more clearly, and gosh I hope so.
