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March 31, 2007
Woman Caught Cheating On Husband, Who Kills Her Lover; Woman Charged With Manslaughter, Husband Not Charged
Reason? She induced her husband to commit, in his mind, justifiable homicide. Upon being caught, she yelled rape.
Darrell Roberson came home from a card game late one night to find his wife rolling around with another man in a pickup 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."
Thanks to dri.