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Liberal DA in Dallas. Agreed that it should be a Capital Murder charge.

Not a choice for the jury for death penalty unless it is charged as Capital Murder and then I think the sentence is only a choice between death and life in prison if convicted, but not sure about that part.

Curious if they could have included lesser charged murder along with Capital Murder and the jury only convicted on murder. That would be one for the legal experts to answer.

The murder trial I was a foreman of many years ago in Dallas County included the charge of murder, voluntary manslaughter, in-voluntary manslaughter, and I think criminally negligent homicide if I remember correctly. Kind of threw all the charges in just in case he was not convicted on the highest charge of murder.