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Man Acquited After Murdering an Escort Who Refused Sex

Man Acquited After Murdering an Escort Who Refused Sex

Written by Nicole Flatow

A Texas jury acquitted a man for the murder of a woman he hired as an escort, after his lawyers claimed he was authorized to use deadly force because she refused sex.

Ezekiel Gilbert shot Lenora Ivie Frago in the neck on Christmas Eve, after she denied his requests for sex and wouldn’t return the $150 he had paid her, according to the San Antonio Express-News. Under Texas law, an individual is authorized to use deadly force to “retrieve stolen property at night,” and Gilbert’s lawyers cited that provision as justification for Gilbert’s action, reasoning that Frago had stolen $150 from him by taking his money without delivering sex. In a police interview played for jurors, Gilbert “never mentioned anything about theft,” a detective told the San Antonio Express-News. Frago, who was 21, was critically injured and died several months later.

While the shooting of 17-year-old Trayvon Martin in Florida has generated notoriety for NRA-backed Stand Your Ground laws, which authorize the unfettered use of deadly force without a duty to retreat in defense of one’s person or home, Texas’ exceedingly broad law goes well beyond this, to allow deadly force in protection of any piece of “tangible” or “movable” property.

The Texas provision authorizes deadly force not only to “retrieve stolen property at night” but also during “criminal mischief in the nighttime” and even to prevent someone who is fleeing immediately after a theft during the night or a burglary or robbery, so long as the individual “reasonably” thinks the property cannot be protected by other means.

This shockingly broad statute authorizes individuals to take not just law enforcement, but punishment, into their own hands and impose death for alleged offenses that would never warrant the death penalty even if the person were convicted in court. But even in light of the expansive vigilante justice made legal by the statute, it is difficult to see how Gilbert’s behavior was justified, given that escorts are not entitled to deliver sex under the law, and delivering sex for money is an illegal transaction.

This post was originally published by ThinkProgress.

 

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348 comments

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8:37PM PDT on Jul 15, 2013

This wasted piece of garbage..Gilbert took away an innocent woman's life and got away with it, just like the murderer Zimmerman. I have had enough of this and it is time for US to stand up and make a difference and I don't have any easy answers, however to do nothing condones this irrational hate filled and racist killings. If either of these people, were my family members I would not let them get away with what southern sickos have made lawful. I hope you both die!

8:58AM PDT on Jun 16, 2013

This is why prostitution needs to be legalized. legal prostitution changes the laws and gives protection to both customer and supplier.

5:00PM PDT on Jun 15, 2013

Hey Kevin! Long time no see! Nice to see you out and about! Per your thoughts about this article, I just got back from a mediation trainig class. The man giving it was a professional Mediator and Lawyer from Texas!
I asked him about this case, with regards to how it would have been mediated due to the legal circumstnaces pertaining to being "allowed to use deadly force to retieve stolen property."

All he would say with a shrug was, "That's what makes it (mediation) hard. in that every state is different." I'm to assume from what I gathered from the speaker was, that this case did not even really get a full blown hearing, due to the provision of the law that protected this Gilbert character. There was not even a deliberation or litigation! The issue was treated very non chalantly! To me, this was a shock to the conscience!

3:54PM PDT on Jun 15, 2013

Please keep in mind that under the U.S. Supreme Court precedent of Tennessee v. Garner, 471 U.S. 1 (1985), a police officer would not have the right to shot an unarmed fleeing suspect for stealing $150.

So the police cannot shot a person under these circumstances, but any hard-up, woman-hating yahoo with a gun can? Kinda shocks the conscience, doesn't it?

2:42PM PDT on Jun 13, 2013

Amy, I totally agree with you, that the woman who was murdered by Mr. Gilbert was a human being. Unfortunately, she "positioned herself" in bad company, by being an "Escort." As I stated before, women who sell their bodies for "company" on paid time, are not providing a meaningful and purposeful service, nor aspect of work. As it is said, from a psychological point of view, women who put themselves into lowly positions such as prostituiton and "escorting" lack self esteem and self respect. They feel they have no other skill than y to have a pretty smile, pretty eyes, and a tempting body. That's it.

As these gun related incidents increase, this is what urkes me more and more about how congress has backed away from mandating it. It also blows my mind how one state could be so lax and different from other states about how an individual has the liberty to use deadly force to retrieve stolen property. In this case, there was no issue of stolen property. Gilbert paid for a service that did not include sexual activity. Money was not stolen from him.

This kind of incident would be comparable to going to see a psychic at night. If her fee is $150 to give me spiritual counseling, that's HER FEE! Whether I like her information or not. I'm out $150! Would the Texas law stand, that If I didn't like the imformation I got, I could turn around and kill the psychic? NO!! Gilbert is guilt of murder. End of subject.

2:09PM PDT on Jun 13, 2013

The bottom line is that though she might be an escort - above any label she is a human being who has/had a mother and who might have children that depend on her. She did not deserve to be killed. She has a right to refuse sex whether or not she is paid for it or given free. After all its her body. No one has a right to anyone elses body. How do we know he isn't lying about what actually happened? He's willing to murder - he's probably a liar too. The murdered woman can't defend herself. This poor lady was in a high risk line of work but still what happened to her is not her fault. The victim is not too blame the stupid bastard that murdered her is to blame. I feel sorry for her and her family. I hope the murderer burns in hell along with all of the misogynist who told him he had a right to steal another person's life.

8:26PM PDT on Jun 12, 2013

In answering your question "Mr. TeCrosse," .. NO!, I am NOT in agreement with you concerning the "Polite name" for a Prostitute!
If Mr. Gilbert wanted a true escort, he could have looked in the Yellow Pages, not Craigslist. I think I made myself clear in mentioning that Craigslist is as seedy a place to find sex, as any prostitute lane.
From what I have learned in reading upon past history, services sought on Craigslist, a good majority of time, end up having bad, if not violent endings.

As it has been show on the Montel Williams Show, he has interviewed gilrs who were once prostitues. It was stated that prostitues have little self esteem or self respect. The feel they have no choice but to sell their bodies. That is waht you call having a lack of self respect.

Mr. Gilbert did not have honest intentions. His intention went from wanting an "Escort, to wanting sex, to commiting murder. That makes him a Perpetrator, aka, "A PERP!"

In the future Mr. TeCrosse, I'd appreciate it that you educate yourself before you address me!

8:10PM PDT on Jun 12, 2013

To Mary B, I think our "community friend" forgot to take his anti psychotic medication for the past few days. He obviously drugged Nurse Rachet, put on her uniform and snuck into her office to use her laptop.

God only knows what his medical records know him as?.. "Henri, John, OutedePhogue, Past Member, KelDJab TeCrosse..?.. What's next?
From the sounds of it, Nurse Rachet must have taken away KelDjab's (is that a radical Islamic name??) Harley Davidson Barbie and his G.I. Joe doll, along with his Dictionary game for being a naughty boy!

PTSD does funny things, as KelDjab evidently has his thoughts construed!

1:06PM PDT on Jun 12, 2013

Therefore you agree with me that an escort is in fact a polite term for prostitute.
Then if the guy wanted sex, he did not have to go to the seedy part of his town to find a prostitute; he sought her out for what they are; given that escorts = prostitutes.

A perp? What the hell is that? I've heard of a perp walk. As defined in Wikepedia: "A perp walk, or walking the perp,[note 1] is a common custom of American law enforcement, the practice of taking an arrested suspect through a public place at some point after the arrest, creating an opportunity for the media to take photographs and video of the event." It has to be soemthing else.

12:12PM PDT on Jun 12, 2013

Keldejab,. Prostitution, Escort,.. same smell different nostril. They are not a career. They are a limit of ones sense of ability to be more. It defines a lack of self respect and sense of self worth, upon which selling ones body for money. A real man desiring company, say to a company function, will ask a collegue to be walk with him in company.

If the guy wanted sex, he could have gone to the seedy part of his town, and found a prostitute.

THIS GUY WAS A PERP. PURE AND SIMPLE. A PERP LEADS HIS LIFE IN DARKNESS.

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