Houston: Defendant shoots self during trial, convicted

[seamusTX]

In January 2008, one David Earl Brown, 58, of Houston fatally shot a man who was working on the house next door. Brown was charged with murder and claimed self defense. No weapon was found on the victim.

After the second day of his trial, Brown shot himself in the head near the site of shooting that he was charged with. He is currently in intensive care.

The trial resulted in a conviction on the murder charge today.

http://www.chron.com/disp/story.mpl/met ... 10943.html" onclick="window.open(this.href);return false;

Earlier story with some details of the testimony: http://www.chron.com/disp/story.mpl/spo ... 09399.html" onclick="window.open(this.href);return false;

Brown reportedly had a CHL.

- Jim

[lancermit]

Ummm... How is it that a person on trial for 'murder' is NOT in custody. It's pretty rare (if ever) to be granted bail on a murder charge, isn't it?

[seamusTX]

Most defendants of any kind are granted bail (if they can afford it). There are very few grounds for denying it -- most having to do with flight risk.

BTW, the guy was sentenced to ten years for murder though he seems to be at death's door.

http://www.chron.com/disp/story.mpl/met ... 14715.html" onclick="window.open(this.href);return false;

- Jim

[chabouk]

BTW, the guy was sentenced to ten years for murder though he seems to be at death's door.

I suspect the jury (and the judge, of course) knew of his situation. A short sentence is the appropriate way to avoid billing Texas taxpayers for his long-term care if he survives.

[chabouk]

Ummm... How is it that a person on trial for 'murder' is NOT in custody. It's pretty rare (if ever) to be granted bail on a murder charge, isn't it?

Like seamus said, bail should be based on flight risk, not the severity of the crime. Even though we have the presumption of innocence in our legal system, pre-trial incarceration punishes the accused even if they turn out to be actually innocent.

[seamusTX]

I suspect the jury (and the judge, of course) knew of his situation. A short sentence is the appropriate way to avoid billing Texas taxpayers for his long-term care if he survives.

The jury knew about the situation. According to the article I linked to, it was brought up at the sentencing hearing.

Someone with a severe brain injury rarely survives ten years. Pneumonia gets them sooner or later. In any case, the taxpayers are going to pay either through the prison system or Medicaid (I'm assuming the man is not independently wealthy).

Sentencing is all over the place. One person will get life in prison without parole and another will be out in three years for essentially the same elements of a crime.

- Jim