What does Aggravated Homicide mean IRT Elizabeth?

[BeanE]

Chief McManus of SAPD said that if they bring homicide charges against Elizabeth, it will be 'Aggravated Homicide'.

Let's take a look at exactly what that means in the state of Texas, which is where jurisdiction lies for homicide charges in this case, and see what that means, and what the meaning can tell us about this case, and what SAPD and the prosecutor are thinking.

Let's look at the charges and see what they can tell us about what Elizabeth may have done to Gabe.

Please bring in the appropriate Texas statutes, the aggravating factors, and we might also want to take a look at the pertinent jury instructions. I'm pretty sure this would be a capital case. We'll have to explore that.

Don't forget we can ask our verified attorney, AZlawyer, questions in the Legal Questions thread to make sure we're looking at the right statutes etc if we have any questions.

Thanks,
BeanE

 

[BeanE]

PENAL CODE

TITLE 5. OFFENSES AGAINST THE PERSON

CHAPTER 19. CRIMINAL HOMICIDE

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

ETA: Might be easier to read at this website:

http://penalcode.austintexascriminaldefense.com/chapter19.html

The aggravating factors are in 19.03 CAPITAL MURDER here:
http://penalcode.austintexascriminaldefense.com/19.03.html

It looks like two aggravating factors apply, (2) for kidnapping and (8) for murdering a child under 8 years of age:

(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);

and

(8) the person murders an individual under six years of age

BeanE