Three teens in Harris County have been charged with Capital Murder in the death of another teen. According to this story, the victim was in the car with another male after buying Air Jordan shoes when an armed individual got out of a car and demanded the shoes. The victim was then shot by another individual. After being shot, the victim tried to drive away but crashed into two houses. The victim later died.
A Review of Capital Murder Charges
In Texas, under Texas Penal Code §19.03, one of the ways a Capital Murder may be committed is if a person commits murder and intentionally commits the murder in the course of committing or attempting to commit robbery.
In addition, under Texas Penal Code §7.02, an individual can be criminally responsible for the acts committed by another person. Texas Penal Code §7.02(a)(2) explains that this is possible when an individual solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense if the individual is acting with intent to promote or assist the commission of the offense.
An individual can also be criminally responsible for the acts committed by another person if, as stated in §7.02(b), in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators and the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy. This is true even if the individual being held criminally responsible had no intent to commit the additional felony.
The individuals in this case are charged with Capital Murder, which carries the punishment of the death penalty or life in prison. According to the United States Supreme Court decision in Roper v. Simmons and Texas Penal Code §8.07(c), if one of the defendants was under the age of 18 at the time of the incident, the defendant would not be eligible to receive a death sentence.
However, the teens charged in this case are 18 and 19 years old. Therefore, they are all eligible to receive the death penalty.
If you’ve been charged with a criminal offense in Houston, contact Madrid Law, PLLC as soon as possible for review of your cases by a Board Certified criminal defense attorney.