Dave F.
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They seem to be skipping around the issue, likely because of the sealing order the judge put on this case.. I believe it is saying Fieramusca is charged with those 3 things; police have not named Fieramusca as a suspect in the murder of HB; however, apparently Austin police have said they HAVE a suspect who has been charged with the same crimes (as Fieramusca) - meaning... Fieramusca is the suspect but they are not naming her for the murder. imo.
Not trying to be a lawyer here, but if I understand Texas penal code correctly, a conviction for the charge of AGGRAVATED KIDNAPPING carries a sentence of 99 years, which is generally called “Life in Prison”.
Under a charge of CAPITAL MURDER, the state can seek the “Death Penalty” but the jury still has the option to choose 99 years, or “Life in Prison”.
Thus, the actual effect for pursuing a charge of murder would only up the results by adding a possible death sentence with the final decision on the DP being the responsibility of the jury. In cases of CAPITAL MURDER, I think it is quite common for the prosecutor to present the evidence to a secret grand jury prior to filing the charge. The grand jury finding is not binding on the prosecutor, although an indictment can take the place of an initial evidentiary hearing. IMO, IANAL
Links:
TEXAS PENAL CODE
TITLE 5. OFFENSES AGAINST THE PERSON
CHAPTER 20. KIDNAPPING, UNLAWFUL RESTRAINT, AND
SMUGGLING OF PERSONS
Sec. 20.01. DEFINITIONS. In this chapter:
Sec. 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(4) inflict bodily injury on him or violate or abuse him sexually;
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
PENAL CODE CHAPTER 20. KIDNAPPING, UNLAWFUL RESTRAINT, AND SMUGGLING OF PERSONS
TITLE 5. OFFENSES AGAINST THE PERSON, CHAPTER 19. CRIMINAL HOMICIDE, Sec. 19.03. CAPITAL MURDER, which reads:
(a) A person commits an offense if the person commits murder as defined under Section (b)(1) and
(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, …………..
PENAL CODE CHAPTER 19. CRIMINAL HOMICIDE
TITLE 3. PUNISHMENTS, CHAPTER 12. PUNISHMENTS, SUBCHAPTER A. GENERAL PROVISIONS, which states:
Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for:
(2) a sentence of life imprisonment without parole is mandatory on conviction of the capital felony, if the individual committed the offense when 18 years of age or older.
https://statutes.capitol.texas.gov/Docs/PE/pdf/PE.12.pdf
The State may seek the Death penalty. Under conditions defined as:
Sec. 12.01. PUNISHMENT IN ACCORDANCE WITH CODE. (a) A person adjudged guilty of an offense under this code shall be punished in accordance with this chapter and the Code of Criminal Procedure.
SUBCHAPTER C. ORDINARY FELONY PUNISHMENTS
Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for:
(2) life without parole, if the individual committed the offense when 18 years of age or older.
(b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that:
(2) a sentence of life imprisonment without parole is mandatory on conviction of the capital felony, if the individual committed the offense when 18 years of age or older.
https://statutes.capitol.texas.gov/Docs/PE/pdf/PE.12.pdf