It doesn't meet the definition of capital murder under the Texas Penal Code, and that's the only murder that may be punished by the death penalty.
Because to be capital murder there has to be an aggravating circumstance, for example, killing a child, police officer, fireman, multiple people in 1 transaction, etc...
Now killing in the same transaction as another felony is capital murder. I think they should charge her with the man's kidnapping (he was obviously taken against his will) and subsequent murder, making it a capital case.
-bc
I used to live in Texas, and it is my understanding that the death penalty is only imposed for Capitol Murder, i.e. murder occuring during the commission of another crime, or murder of more than one person. I hope some Texan will correct me if I'm wrong, as I moved away in 1982. Some of the early articles implied that the prosecuter would also charge her with kidnapping, thereby opening her up to a Capitol Murder charge.
Cause "she was "messed up" on ecstasy and alcohol when she crashed her car into Biggs..." It wasn't her fault. Get it? /disgust off