What are the Texas Criminal Code requirements to be able to apply the death penalty in this case versus life? I know it requires a 2nd crime and those are very specific and spelled out in the code. Do you think there is a chance for the Death Penalty?
The only way is if she is also charged with kidnapping, also.
The obstacle the prosecutors will face is her intent. The defense will argue that she didn't intend to hit him, she didn't do anything to restrain him, and she didn't intend for him to die. She wanted the whole problem to just go away. He'll argue that she was merely negligent in not getting aid for the victim.
I think it's a stretch to add a kidnapping charge, but the prosecution can certainly make that attempt. A prosecution for capital murder doesn't preclude the jury from finding her guilty of a lesser charge.