TDCAA Community
Retaliation

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/2991093661

May 13, 2008, 22:16
Gordon LeMaire
Retaliation
I'll admit to not having done the research yet.

Parolee makes a threat to kill his Parole Officer, because PO is revoking parole. Threat is made at a State Hospital, where parolee had admitted himself. Parolee goes from State Hospital to County Jail (Blue Warrant.)

Is this retaliation?
May 13, 2008, 23:35
WestTexasOfficer
RETALIATION: A person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful actFrown1) in retaliation for or on account of the service or status of another as aFrownA) public servant, witness, prospective witness, or informant

I think retaliation fits because he has 'threatened' to harm another with an unlawul act in response to the PO filing to revoke him which is the PO's service provided. The PO fits for public servant and witness in (1)(A).

I think it'll go.
May 14, 2008, 10:03
Gretchen
WTO, use spaces between your : and your ( and you won't get Frown

Wink
May 14, 2008, 16:05
Gordon LeMaire
Case law supports it. Moore v. State, 143sw3d305 (Waco-Yeah, I know Waco.) and Doyle v. State, 661 SW2d 726 (CCA)