JUSTICE FOR SHALALA FLETCHER

Michael Ray Turner who fataly shot Shalala Fletcher during a robbery of which she was not a part of has be rightfully charged with criminally negligent homicide. If convicted he could face up to two years in a Texas State Jail. Some felt that he may not have been charged at all due to Chapter 9 of the Texas Penal Code. (Below):

A person is justified in using deadly force against another to protect land or tangible, movable property: (1) if he would be justified in using force against the other under Section 9.41; and (2) when and to the degree he reasonably believes the deadly force is immediately necessary: (A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and (3) he reasonably believes that: (A) the land or property cannot be protected or recovered by any other means; or (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Mr. Turner had no intent on shooting anyone that night while attempting to shoot the tires of a fleeing vehicle involved in the robbery of a convenience store. He fired eleven shots at the vehicle and mistakenly struck Ms Fletcher in the torso while she lay in the back of the vehicle. There was public consern that District Attorney Bob Wortham would not seek charges against Mr. Turner due to the aforementioned penal code. Pastor Donald Ray Frank and other local ministers held a press conference voicing their concerns on the steps of the Jefferson County Courthouse. It is now obvious that Mr. Wortham and Chief Investigator Marcello Molfino acted in the best interest of the law and the community as a whole.

It is my opinion that the law itself should be changed. The mere thought that any citizen in Texas can use deadly force to protect the property of another individual does not sit well with me. This situation is a good example of what happens when someone is not capable of good judgement in a time of crisis.