Under Texas law, what she did is murder.
We've all learned something about Texas law here. (The Texans here already knew.)
In Texas, she was charged with murder because she shot to kill. Period.
“In Texas, she was charged with murder because she shot to kill. Period”.
Don’t you just love it when people from other places just can’t help but tell you how you are supposed to do things where you live.
We live in the high and very remote mountains of cali and we get the flatlander city slickers up here all the time and they are trained parrots. The first words out of their mouths is, “that is not how we do things at home”.
My reply is always the same, “then go the fuck home”.
People get shot in Texas by someone with intent to kill every year, and these people who are shooting to kill do not get charged with murder and are not convicted of murder.
Therefore the defacto definition of "murder" in Texas is not based on mere intent to kill.
As sipow has pointed out above, there are "exceptions".
Exceptions mean that the definition isn't merely "intent to kill." Some "intents to kill" are legal, and some are not.
But this is putting a finer point on it than most people want to bother, so we just inaccurately accept that "murder" in Texas means "intent to kill", even though there are so many exceptions to this, you can drive a truck through them.
This has become a pointless argument. The woman killed a man accidentally because of her bad judgement, and she deserves to go to prison, and she is going to prison.
Who cares if we use accuracy in meaning? The consequences appear to be the same.