Darrell Roberson came home from a card game late one night to find his wife rolling around with another man in a pickup truck in the driveway.
Caught in the act with her lover, Tracy Denise Roberson -- thinking quickly, if not clearly -- cried rape, authorities say. Her husband pulled a gun and killed the other man with a shot to the head.
On Thursday, a grand jury handed up a manslaughter indictment -- against the wife, not the husband.
In a case likely to reinforce the state's reputation for don't-mess-with-Texas justice, the grand jury declined to charge the husband with murder, the charge on which he was arrested by police....
Tracy Roberson, 35, could get two to 20 years in prison in the slaying of Devin LaSalle, a 32-year-old UPS employee.
Assistant District Attorney Sean Colston declined to comment on specifics of the case or the grand jury proceedings but said Texas law allows a defendant to claim justification if he has "a reasonable belief that his actions are necessary, even though what they believe at the time turns out not to be true." ...
When Tracy Roberson cried that she was being raped, LaSalle tried to drive away and her husband drew the gun he happened to be carrying and fired several shots at the truck, authorities said.
Very strange. Can't say I disagree with the decision to charge the women though (assuming that there really wasn't a rape happening, which seems to be taken as a given, so I assume the women admitted to it). Dan Solove has some thoughts on the legal aspects of the case.
Via Volokh
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