I would think so, but I'm not a lawyer either. There was actually KIDNAPPING INVOLVED---i.e. he was certainly NOT in her garage due to his FREE WILL!!!
I think KIDNAPPING + DEATH of victim would qualify for the DEATH PENALTY in Texas---for ALL of the perpetrators involved.
Any Texas lawyers out there?
Not a lawyer but I can read - see my post above. I think this could be sold to a jury as a capital murder case.
-bc