In Oklahoma the accused drove around a police barricade. Her driving around the police barricade is eluding the police as the police barricades are placed to stop people from entering an area.
The only difference is that in Texas the police had stopped the accused just prior to his driving around a barricade, but is that enough of a difference to go from Second Degree Murder to Capital Murder?
I understand your position, and agree with you. That still won't change what 'is'.