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Tuesday, November 10, 2015

The Rashad Owens Murder Case

     At midnight on March 13, 2014, a patrol officer in Austin, Texas tried to pull over a vehicle without its headlights on that made an illegal left turn onto an I-35 frontage road. The driver of the car, a 21-year-old rapper from Killeen, Texas named Rashad Owens, refused to stop for the officer. A short time later, in the process of avoiding arrest, Owens drove through a barricade on Red River Street. The street had been blocked off for the South by Southwest film, media, and music festival.

     An intoxicated Owens, at a top speed of 55 miles per hour, plowed his car into thirty festival goers, killing four of them and injuring the others. After driving into the crowd with his headlights off, Owens led police officers on a chase that culminated in his arrested after he fled his vehicle on foot.

     A Travis County prosecutor charged Owens with two counts of capital murder (in some jurisdictions called first-degree murder) and 24 counts of aggravated assault with a deadly weapon. He was held in the Travis County Jail without bond.

     The Owens murder trial got underway in Austin on November 2, 2015. In her opening remarks to the jury, prosecutor Amy Meredith told the jury that because the defendant knew his action put the people on Red River Street in mortal danger, the charges of capital murder in this case were appropriate. The prosecutor argued that Owens had acted with intent and malice, key elements in the offense of capital murder. While the prosecution was not seeking the death penalty, if convicted, Owens would be sent to prison for life without the chance of parole.

     Rick Jones, Owens' attorney, argued that capital murder was not an appropriate charge in the case because his client, while intending to flee the police, did not intend to kill anyone. The defense attorney pointed out that the defendant did not know Red River Street had been closed to traffic. (What did he think the barricade was for?)

     The prosecution began its case with a police dash cam video showing Owens failing to stop for the patrol officer.

     The case went to the jury of seven women and five men on November 6, 2015. The defendant did not take the stand on his own behalf. After just three hours of deliberation, the jurors found Rashad Owens guilty as charged.

     This case will be appealed, and one of the legal points will probably include the issue of criminal intent, or lack thereof, to commit capital murder. 

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