Posted on 06/06/2013 1:03:52 PM PDT by Altariel
A Bexar County jury on Wednesday acquitted Ezekiel Gilbert of murder in the death of a 23-year-old Craigslist escort.
Gilbert, 30, embraced defense attorneys Bobby Barrera and Roy Barrera Sr. with tears in his eyes after the not guilty verdict was read aloud by state District Judge Mary Román.
Outside the courtroom, Gilbert thanked God, the Barrera family and the jury for being able to “see what wasn't the truth” and for the “second chance.”
Had he been convicted, he could have faced up to life in prison for the slaying of Lenora Ivie Frago who died about seven months after she was shot in the neck and paralyzed on Christmas Eve 2009. Gilbert admitted shooting Frago.
“I sincerely regret the loss of the life of Ms. Frago,” Gilbert said Wednesday. “I've been in a mental prison the past four years of my life. I have nightmares. If I see guns on TV where people are getting killed, I change the channel.”
The verdict came after almost 11 hours of deliberations that stretched over two days. The trial began May 17 but had a long hiatus after a juror unexpectedly had to leave town for a funeral.
During closing arguments Tuesday, Gilbert's defense team conceded the shooting did occur but said the intent wasn't to kill. Gilbert's actions were justified, they argued, because he was trying to retrieve stolen property: the $150 he paid Frago. It became theft when she refused to have sex with him or give the money back, they said.
Gilbert testified earlier Tuesday that he had found Frago's escort ad on Craigslist and believed sex was included in her $150 fee. But instead, Frago walked around his apartment and after about 20 minutes left, saying she had to give the money to her driver, he said.
That driver, the defense contended, was Frago's pimp and her partner in the theft scheme.
The Texas law that allows people to use deadly force to recover property during a nighttime theft was put in place for “law-abiding” citizens, prosecutors Matt Lovell and Jessica Schulze countered. It's not intended for someone trying to force another person into an illegal act such as prostitution, they argued.
Were I on that jury I would have voted to convict. Had he shot the pimp, maybe not,
I guess the thought never crossed his mind to cut his losses.
Agreed.
he musta had a good lawyer
“.....Outside the courtroom, Gilbert thanked God, the Barrera family and the jury for being able to “see what wasn’t the truth” and for the “second chance.”.....”
Got the above snippet right from the article. No comments section, so I will comment here about this quote from Gilbert regarding the jury:
“.... to “see what wasn’t the truth” ,,,,,,”
Somebody made a mistake or a Freudian slip!!!
Weird case, but just because the guy was wrong for hiring a prostitute doesn’t mean he doesn’t have a right to defend himself from thieves.
“he musta had a good lawyer”
Or, from his perspective, an even better jury.
He would have the right to defend himself against an attempt to take his property by force. That is not the same as saying he has the right to shoot the woman dead for not returning his $150.
Being that this was produced by a journalist I don’t expect to get a well written or researched article and given the outcome of the trial I have to think there is more to the case than what is being presented. For one thing the article is only half right about being able to use deadly force to protect property at night. The other half of the standard is that you must have a reasonable fear of death or bodily harm.
Yeah who woulda thought a hooker would steal your money.
He killed her while committing a crime. Doesn’t make sense that he was found not guilty.
Heck I’d rather die then go to my family and admit I was paying a hooker. Which is why I dont employ hookers.
Good information. Do you have a link to the relevant law, perchance?
No, and to be clear, I was saying what I think the law ought to be— I’m not sure what it actually is.
You do not look at this acquittal as misjustice if you have been following the George Zimmermann lynching in my area
Bet there will be a few less hookers and johns after this
This guy killed a woman to avoid her scamming him out of $150.
I am sick of people comparing Zimmerman's completely legitimate response to the mindless criminality of every other lout.
But there is also the matter of really, really terrible juries.
The jury made the correct call. I’m wondering if the DA knew he was handing Mr Gilbert a get out of jail free card.
If they wanted to send him to prison, they should have tried for a manslaughter charge, not Murder.
“For one thing the article is only half right about being able to use deadly force to protect property at night. The other half of the standard is that you must have a reasonable fear of death or bodily harm.”
Good information. Do you have a link to the relevant law, perchance?
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