Murder, Attempted Murder, Manslaughter, Homicide: What’s the Difference
According to the Penal Code 19.02, murder is described as someone intentionally or knowingly causing the death of an individual. They also intend to cause serious bodily injury and commit an act that is clearly dangerous to human life and causes an individual’s death. This is a felony of the first degree and there is a defense that can drop this charge to a felony of the second degree. The defense is if at the punishment trial, the defendant can raise the issue of whether the cause of death of an individual was under the immediate influence of sudden passion arising from an adequate cause. This means the crime happens due to such an extreme emotion of anger, rage, resentment or terror felt by a person that was caused due to the provocation of the other individual that caused death.
Attempted murder is not codified in the Penal Code. According to the Penal Code Sec. 15.01, it provides that in an attempt to commit a criminal offense, the charges for the offense will be just one degree lower. In the case of murder, the degree would drop from first-degree felony to second-degree felony.
Manslaughter, which is Penal Code 19.04 of the penal code, is when a person recklessly causes the death of an individual. This is a felony of the second degree and this type of death is due to negligence on behalf of the person that killed them.
Homicide is Penal Code 19.01 and this is just the umbrella term for murder, capital murder, manslaughter or criminally negligent homicide. A person commits criminal homicide if they intentionally, knowingly, recklessly or with criminal negligence causes the death of an individual. This is the term you will recognize in the new broadcast as it gives the audience a better understanding of what happened
A Crime of Passion
There is always some variation of headlines claiming a man killed his wife. I went ahead and deep-dived into a case where a man decided to hire a hitman to kill his wife. This is something you would think only happens in a movie. Although, upon further investigation, there was more than what meets the eye. He is a bodybuilder and musician that let his emotion run rampant from his steroid abuse that led him astray from his religious beliefs.
Googling “Man Kills Wife”
Just googling these keywords you will get a plethora of news pieces in the State of Texas and around the United States there are a ton of unfortunate killings. I would like to focus on the 2013 case of lead singer Tim Lambesis soliciting murder by hiring a hitman to try to kill his now ex-wife.
Tim Lambesis is the lead singer and formed an all-Christian metal band that was really successful in the year 2000. At the time in June 2004, Lambesis was married to his wife Meggan and together they adopted three Ethiopian children. Lambesis was heavily into bodybuilding and in the year 2012 he made some major life changes. It is believed the life changes may or may not have been influenced by his use of anabolic steroids. As his use of steroids increased, his outlook on life and personality began to change.
He, later on, felt that the words of Jesus still inspired the lyrics for his music, but that the religion itself was less than probable truth. He was then starting to quote the pagan version of Christianity, pointing out both “Protestant and Catholic denominations have poisonous roots”
Around August 2012, Lambesis emailed his wife, explaining to her he no longer loved her nor did he have any more belief in God. By September 2012, he and his wife had both decided to file for divorce. His wife claimed in the court files that Lambesis became "obsessed with bodybuilding" and he apparently neglected his children because of it. She provided the example of him falling asleep while watching their three children playing in or near the pool they had. She also stated to her lawyer he spent thousands of dollars on tattoos. She went on to explain he had multiple affairs throughout their marriage. Meggan's prosecutor went on to allege that Lambesis would not get access to the children and Meggan would be getting a sizable chunk of money from the divorce.
This is when Lambesis started to plan to kill Meggan. He began to solicit a hitman to kill his wife in the midst of his divorce. He first approached his personal trainer at the time, Brett Kimball and asked if he could find someone to do it for him. Kimball testified during the pre-trial that Lambesis eventually met up with an undercover agent who was posing as a hitman, code-named: Red.
According to the undercover agent, Lambesis told him he never wanted to see her again. When the undercover agent asked Lambesis if he wanted her dead, Lambesis replied, “yes, that was exactly what he wanted”. Lambesis then exchanged $1,000 for expenses and provided photos of his estranged wife, Meggan, their home address and the access code to get into their home. He gave the agent some dates when he would be looking after the children. He did this to give himself an alibi and thought it would cover up his involvement in the murder of his estranged wife.
The undercover agent revealed later on in court that Lambesis was angry he was not allowed to see his kids and he was not allowed to take his kids out of the state to go on tour with him. He also expressed to the undercover agent he was angry over the fact that his wife would get up to 60% of his income in the divorce settlement.
During his house arrest in 2013, while he was waiting during the court proceedings, Lambesis said he no longer believed in a God. This was such a flip of personality as he held such deep Christian beliefs previously. During the month of his arrest, Lambesis' lawyer claimed Lambesis was on steroids and felt like "his thought processes were devastatingly affected by his steroid use.”
Initially, Lambesis pleaded not guilty when he was arrested, then later on he decided to change his plea. In February 2014 Tim Lambesis pleaded guilty to solicitation to commit murder and was sentenced to six years in prison, although he only spent about two and a half years in jail. He was paroled in 2016 and since then he has reflected on what he deems as a dark time of his life. He reflected on how he did not really know how he lost his way and sitting in a cell, he pondered how he became that person. Since that incident, he has remarried three times and is trying his best to live an honest life again.
What to Do if You Know Someone Wants to Harm You?
If you are feeling threatened, stalked or even ambushed by someone, it is always best to contact the police so they know of the incident. Incident reports are like a paper trail for crimes and the more an offense is reported, the more likely it will end faster in the arrest of the offender. Police will need the details of the person who threatened you to investigate the situation. You can always file a restraining order to try to protect yourself. Depending on how you feel and what the police suggest, you can press charges if that option is available to you.
Need Help? Call Us Now!
Do not hesitate to call us if you find yourself or someone you know who is facing these criminal charges, as they can hold serious consequences, including life in prison. We will work with you to give you the best type of defense that can help you solve your case. It is vital to have someone explain to you the result of your charge(s) and guide you in the best possible way.
Here at the Law Office of Bryan Fagan, we have professional and knowledgeable Criminal Law attorneys who are experienced in building a defense for you that suits your needs for the best possible outcome that will benefit you.
We offer complimentary consultations via Zoom, on the phone or in-person.
Call us today at: 281-810-9760.
