A former member of the Waco-based R&B group Hi-Five has been detained in the aftermath of his wife's murder. According to Houston police, the 40-year-old man came to the Harris County Sheriff's Office on July 2 to report his wife's death and turn himself in. The jail log states that he was booked into jail two days later.
Houston police found the body of the man's 24-year-old wife at the couple's Houston home where the man had told them that she died. The woman had been stabbed repeatedly and was pronounced dead at the scene. The man was held in the Harris County Jail on a $100,000 bond, according to the Harris County Jail online register. Police declined to provide any further details about the incident.
A criminal defense attorney in a case like this one may attempt to convince the court that the defendant should not be convicted of what Texas state law refers to as capital murder and should rather be tried for murder. While a conviction for murder still carries heavy penalties, only a capital murder charge can lead to the death penalty.
A murder conviction carries a sentence of five to 99 years' imprisonment and a fine of up to $10,000 as a first-degree felony. However, if a defense attorney were able to convince the court the crime was committed in a moment of passion, the conviction could be reduced to a second-degree penalty carrying a lesser sentence of two to 20 years' imprisonment. Other defenses to murder include self-defense, lack of intent and intoxication.
Sources: FindLaw, "Texas First Degree Murder Laws"
FindLaw, "Texas Second Degree Murder Laws"
Source: KWTX, "Former Waco-Based R&B Artist Arrested In Houston Murder", July 05, 2014