“She committed the crime when she entered his apartment without his consent. Again - it doesn’t matter if it is a mistake. “
Cite the statute that entering someone’s abode is a crime.
You are right, not a felony.
But if someone dies while criminally trespassing, then murder can be charged to the trespasser.
Give me your address and we'll see if you think it's a crime. Seriously.
In Texas, what she did is considered burglary. It can also be considered criminal trespass (30.05) since his door is obviously designed to exclude intruders. and that is a misdemeanor. In order for it to be murder and not negligent homicide or manslaughter, it has to be in commission of a felony and that's where a burglary charge comes in.
And in Texas, burglary doesn't just mean I break in a steal your stuff. 30.02.a.3 comes into play here. It becomes burglary when you enter another person's residence, without consent, and commit an assault OR felony (which shooting someone certainly is). You don't have to meet mens rea.
So....30.02.a.3 and 30.05 are BOTH things she did. One is a felony and the other is a class a misdemeanor...which is why they didn't gl with 30.05.
Link: Penal Code Chapter 30