Originally posted on 03/10/2018:

Quote Originally Posted by Auto Donk View Post
perfect analysis, exactly what the jurors decided under my tutelage....

judge gave him 28 yrs in tdcj after we handed down our verdict.... (defendant elected to have the judge assess the sentence rather than the jury.... mistake on his part, as we'd have given him 20 yrs -- the available range for murder in texas, a first degree felony, is 5-99 yrs). Generally, in Texas, you serve only 1/3 of your sentence, so we might have given him 25--we didn't deliberate on an actual sentence, but I'm pretty sure the jury would follow my lead.

an interesting point that had entered my mind -- and that of one other asian juror, a fifty something aged man, was the OG was already on his way to dying from the first shot (undisputed medical evidence indicates the first shot that went into his chest was not survivable), was did it really matter that he more or less fired and "execution" style shot to the face of the OG, given he was already gonna die?


as our jury instructions didn't address that, we convicted him....
I would think even though the final shot itself was irrelevent since the victim was already going to die it shows that the defendant's intent was to kill the guy rather than just that he was scared and afraid he was about to be shot so defending himself. If the guy was already mortally wounded it's tough to argue that the defendant still thought he was defending himself when he fired the final shot