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Dallas man arrested in murder case goes free because of double jeopardy | Dallasnews

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“I wish somebody would have picked up the phone, and then we would have avoided this,” said police Maj. Jeff Cotner of the crimes against persons division. “We’re going to make sure that we do that in the future.”

Police also say were also caught were off guard by how quickly Brown’s misdemeanor case came to a conclusion — 14 days from start to finish. They say no procedure was in place to report an unexplained death involving a pending misdemeanor assault case to the district attorney’s office — something that has now changed.

Brown was set free May 15 and could not be reached for comment. His court-appointed attorney said he did not remember the case and could not comment.

Legal experts say Brown caught a rare and lucky break because the Fifth Amendment precludes state prosecutors from charging him with the murder because he has been convicted of what’s known as a “lesser included offense,” in this case the misdemeanor assault.

“Had the man been convicted of assault before the victim died, he could later have been prosecuted for murder,” said George Dix, a University of Texas at Austin law professor and authority on criminal procedure.

Brown is a felon with an aggravated assault conviction. His lucky trek through the Dallas County legal system began in the early-morning hours of April 10 when Dallas officers responded to a report of an assault at the Lamplighter Motel on R.L. Thornton Freeway near South Buckner Boulevard.

Whitacre and Brown had been living together for more than three years and were residing at the motel, which advertises weekly rates of $155.

She was “very frail from cancer treatments and can’t get around very well,” an officer noted in his report immediately after the assault was reported. Whitacre suffered from cancer of the head and neck, chronic obstructive pulmonary disease and chronic alcoholism, authorities say.

Whitacre told police that they had been drinking and that she had asked Brown to get something for her.

Brown got angry. He walked over and punched her in the head. She told police that he then picked her up, carried her to the door and threw her out of the room onto the sidewalk in her underwear.

“It hurt,” she told police. “My hip hurts. My head hurts.”

via Dallas man arrested in murder case goes free because of double jeopardy | Dallasnews.com – News for Dallas, Texas – The Dallas Morning News.
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Filed under: CRIME Tagged: 97.9 FM, american idol finale, americanidol, assault conviction, Brown, chronic alcoholism, chronic obstructive pulmonary disease, Dallas, Dallas Morning News, kbfb, misdemeanor assault, misdemeanor case, rickey smiley, state prosecutors

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