Testimony is admissable evidence. The police have already taken statements. What more do you want? Do you even know how much time elapsed between the incident in question and the actual arrest? Charges are filed and dropped all the time after the prosecutors realize that they don’t have a case, but it’s not prosecutorial misconduct because they thought they had a case at the time. Habeas corpus requires them to bring charges shortly after an arrest, often while an investigation is ongoing.
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I think that you and I just have very fundamentally different understandings of how the law works, but there’s not much point in us arguing about this as laypeople. I wish that we could ask an expert, but I think that they all noped out of this conversation ages ago.
I don’t know what to tell you except that a) the mother was in fact arrested and b) I believe that they technically can arrest her in this case. Apparently, there was an arrest warrant*, so a judge must have signed off on it as well.
We both agree that they should not have arrested her, so our entire argument is nothing more than “is this a case of should not or must not” at this point. And really, that is a question that we should be asking a member of the Texas Bar Association, because we’re not going to work it out on our own. And even then, it will probably depend on the contents of the affidavits, which we have not seen but are both simply speculating about.
*Source with Mention of Arrest Warrant: Texas mom arrested for allegedly mixing drink that sent bullied son's classmate to hospital - CBS News
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Thanks for the link.
Interesting that the bully is 11 and thus could be charged with a crime in Texas. I don’t think that’s appropriate either but if I was in the mom’s shoes I’d be screaming bloody murder if he wasn’t.
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If it does ever come to trial the verdict will be given by 12 people who might just decide the bully was a nasty little bully and deserved everything he got and more. Or they might decide the other way. Who knows.
It’s a tremendously petty case in itself, though. No-one was actually hurt. However it ties into much larger societal concerns about the role of authority in protecting aggressors and victims, and so on. Those important overarching threads will in no way be affected by one little Texan bullying prosecution.
We should be thankful the mother did not give her child a pistol to “stand their ground” against the drink thief.
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Well, at least that would have clearly not been illegal in Texas. Or Wisconsin. Or Florida. Or… 
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We should be thankful the mother did not give her child a pistol to “stand their ground” against the drink thief.
I don’t think there is a hope in hell that a target who shot their bully during one of their daily attacks could successfully invoke a “stand your ground” defense.
The law coddles bullies with the exactly the same level of kid glove treatment and benefit of the doubt that they give police officers.
So, if the bully in this case shoots his target in reaction to tasting bad lemon vinaigrette when he expected Gatorade and claimed to be scared that he had been poisoned, the law would likely rule that he was completely justified to do it.
However, if the target in this case tried to use a “stand my ground” defense for shooting their bully during one of their daily drink heists, I would expect that it would have the same chance of succeeding as someone who tried to use a “stand my ground” defense for plugging a police officer for harassing them during a traffic stop…
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Depends where they fit on the scale…
A White kid using a gun in “self defense” short-circuits the cognitive dissonance field generated around Texas republicans…
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