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Originally Posted by Lunatech
Yes, conspiracy to commit murder is against the law. But this guy did not commit murder, and it was perfectly legal, under section 9.43 for him to kill those burglars. So what crime was he conspiring to commit? Killing two burglars? Apparently, in Texas, conspiracy to kill two burglars is not as crime. Conspiracy to commit murder is.
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If I plan to do something on my own, and include no one else in the execution of my plan, there's no conspiracy.
If my plan to kill someone is found out, and I'm stopped, where's the crime?
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Do you understand why he has not been indicted? Because the DA for that area of Texas knows he will lose, and one thing I know about DA's is they do not try cases that they know they cannot win.
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I'd imagine that the reason charges haven't been brought is more likely due to an ongoing investigation.
Given the man's statement to the 911 operator (I'm gonna' kill 'em"), I think we
will see charges brought against him. Whether he's found guilty of those charges is another matter altogether, but I don't think it takes any great stretch of the imagination to see where a case could be made to support the charges...