I wish I knew if Missy was carrying a firearm. It could change things around as far as a death penalty charge. IF it's a fact the perp staged the scene as a burglary to cover their intent to commit murder, and Missy was carrying a gun, then their defense becomes they killed her because she pulled a gun on them. But then it would have to be someone who knew she carried. Clear as mud? lol:thinking:
I think this will be charged as capital murder, regardless of the details. There's not really a CREDIBLE defense scenario that turns it into a lesser charge, under Texas statute. And the state charges the crime as it is, not as the defense wants to paint it.
On a theoretical basis, what's a defense story that can truly make this anything other than capital murder? I don't see it. The perp was on the scene via commission of a felony, and therefore no matter how they try to paint the details, a killing that flowed from that is going to fry them.