How rare is "capital murder by omission?"?

Question

A woman in Texas was just receintly given life prison for not calling 911, but dragging her feet. The couple did take him to the hospital themselves but it turned out to be too late.

www.freehannah.com

Is this a rare verdict? I haven't even been able to find a case here in Texas before now.

Answer 1

raichasays

The mother admitted to giving a teaspoon of the spice mix in a cup of water, which she claims the child drank willingly.

I can understand if you think she is lying, but don't say she admitted to something she never admitted to!

The doctor at the trial (for theprosecution) said it would have taken 23 teaspoons to have cause the sodium poisoning the child experienced. And that is not considering the fact that Andrew threw up much of his stomach contents.

I have never heard of any admission of hot sause or salt.

Answer 2

Live in prison is not "capital murder" -- the phrase refers to murders where the person receives a capital sentence -- meaning the death penalty.

But murder by omission is very rare -- it can only be found where the person had a significant affirmative duty to act, and choose not to act when required to do so by law. The courts will rarely find such a duty to act, absent special circumstances.

Two such circumstances are the custodial parent of a child, who refuses to seek proper medical attention -- and someone who causes the original problem, and then does nothing (or not enough) to correct the harm done. Whether those apply in this case is different question. You just asked what the standards of law were.

Answer 3

This isn't really "murder by omission". Hannah Overton admitted to giving the boy a drink of spices, salt and hot sauce that the medical examiner found caused his death by salt intoxication.

What would have been negligent homicide or manslaughter became capital murder because Hannah--knowing that she had given the drink to the boy--knowingly and intentionally withheld medical care from him until it was too late.

This is not a case where a boy got the flu and a busy mother didn't think it was serious enough to need a doctor's visit. This is a case where a woman directly caused a boy's injury and death.