Current Events > Husband shoots and kills wife and gets *only* 10 years in prison.

(+) Yeah! (+)

He will be eligible for parole in 5. What the actual fuck. Why hasn't he gotten a life sentence?

https://abc13.com/spring-murder-husband-sentenced-carey-birmingham-gets-10-years-in-jail-patricia-birminghams-caught-on-camera/14502224/

HARRIS COUNTY, Texas (KTRK) -- An all-women jury, which is rare but can happen, sentenced a man to 10 years in prison for the murder of his wife after being shown a video of the shooting. Now, the couple's daughter is finding the strength to tell her mother's story.

"Alright, goodbye. You're (going to) meet Jesus," Carey Birmingham told his wife, Patricia Birmingham, before he shot her with his gun outside their home in Spring.

In the video, Carey can be heard firing his gun three times.

"I hope it was worth it," he said.

The shooting happened while the couple's daughter, Olivia, was at school.

"I lost both my parents that day. My dad died that day, too, because the person who did that to my mom and my father aren't the same person," Olivia said.

Patricia and Carey had roughly a 30-minute argument leading up to the shooting.

Audio obtained by ABC13 contains several minutes before the video that became a large part of Carey's crime of passion defense.

"I am (expletive) done," he said.

"I am (expletive) done too," Patricia replied.

The two's argument, which was sparked by Carey's allegedly learning of Patricia's affair, became more and more heated.

Carey's defense attorney, Anthony Osso, said they pleaded guilty directly to an all-female jury. He said their strategy was to accept responsibility but convince jurors that Carey shot Patricia in the heat of the moment.

"We never tried to justify the actions of our client, but the defense wasn't about justification. It was about why he did what he did," Osso said.

But Olivia said she finds her father's defense questionable at best.

"I don't know, sudden passion? You have to have something. You have to have made that decision within you for a while; I feel like to do something, to do that to someone you really love," Olivia said.

Carey was given a 10-year sentence with the possibility of parole after five years.

Olivia said she spoke to her father in court and provided ABC13 with a summary of her statement:

"No matter what was said in this trial, you know what type of woman she was, and you know what you did and how he took away my favorite person in this world," she said.

Olivia testified that she had never witnessed her father physically abusing her mom, but she wanted to raise awareness that there are different types of abuse she experienced, including emotional and financial. She said that while she still loves her father, she can never forgive him.

Judge wants a future working for the ICC.

Should have been a life sentence at the least.

10 years for what amounts to an honor killing. Heinous.

Needs a life sentence for sure

Texas.

Who's surprised? Anyone? Anyone?

Me either.

> Texas

Also, once again an argument that could have been resolved peacefully ends in murder because someone had access to a gun.

Umbreon posted...

> Texas

Also, once again an argument that could have been resolved peacefully ends in murder because someone had access to a gun.

In this case, I think he would've killed her some other way if he didn't have a gun.

Reminds me of "Crime of Passion"

I'm honestly not surprised because it seems like many times in these situations people get off with light charges. Of course that is usually when they walk in on the cheating right then and there but still. I'm sure it was the affair that impacted this so much.

NhojAnec posted...

HARRIS COUNTY, Texas

That explains it

Damn he looks a hot mess in that video

NhojAnec posted...

"Alright, goodbye. You're (going to) meet Jesus,"

That's not in the heat of the moment. For a state that has no problem frying people, this is pretty fucked. There's no justice in this.

In a few years of MAGA America this will be given a firm handshake and an understanding that the wife deserved it.

Umbreon posted...

> Texas

Also, once again an argument that could have been resolved peacefully ends in murder because someone had access to a gun.

In this case, I think he would've killed her some other way if he didn't have a gun. @Umbreon

Honestly you're probably right. If someone's willing to shoot their wife they probably comfortable with beating them as well.

If it were up to me, this asshole would get death via firing squad. "Hope it was worth it" is a one liner, not something said in 'the heat of the moment'.

Should have been at least 15 years, no parole, if they wanted to be lenient. The idea that he can be out on parole in 5 years is just completely ridiculous.

If he believes in Jesus, seems odd to commit a murder. Does he think Jesus will greet him kindly upon his own death?

Zikten posted...

If he believes in Jesus, seems odd to commit a murder. Does he think Jesus will greet him kindly upon his own death?

Plenty of Christians commit murder all the time. Obviously they either don't think they'll be held to account or just don't care.

everyone on ce is a lawyer damn, no wonder you're all so smart

Naysaspace posted...

everyone on ce is a lawyer damn, no wonder you're all so smart

Imagine coming in to argue in support of the murderer.

Naysaspace posted...

everyone on ce is a lawyer damn, no wonder you're all so smart

Oh no, it's The Contrarian

How are there women republicans in texas again ?

cjsdowg posted...

How are there women republicans in texas again ?

they've been raised to be slaves their entire lives

The killer looks like he has liver cirrhosis. Will he even live long enough to finish that 10 year sentence?

Legally, killing a person isn't all created equal. For one thing there's a difference between manslaughter and murder. Murder is deliberate, while manslaughter isn't. If you're driving down a street and I stroll out in front of your car and die, you didn't mean to kill me but you did. That's treated differently than if you'd killed me on purpose.

Then there's a difference between plotting to kill me and spontaneously doing it. If we get into a fight and in the heat of it you kill me, that wasn't premeditated but happened in the heat of the moment, driven by emotion and adrenaline more than being thought out. That's different from you spending a day or two plotting how to kill me and then driving to my house to go through with it.

These are all different from soldiers killing enemy combatants in warfare or law enforcement taking down a dangerous criminal.

We make many distinctions here.

pjnelson posted...

We make many distinctions here.

This is a case of clear premeditated murder. The naked bastard retrieved a firearm, pursued the victim with intent, and verbally expressed his intention to commit homicide.This act was not a spontaneous thing.He did not kill her the second he found out about her cheating, he found out about it tuje ue kade a plan to kill her, said he was going to kill her, got a shot gun, and ollowed through on his stated death threats. These actions demonstrates the presence of mens rea, the requisite mental state for murder. First-degree murder does not need an extended period of premeditation it requires sufficient time for the perpetrator to consider the act. This is man should be in jail for life.

when the prisoners find out he won't make it out in 3 i bet.

ExtremeLuchador posted...

The killer looks like he has liver cirrhosis. Will he even live long enough to finish that 10 year sentence?

Didn't think to read the article since TC laid it out so well but damn that man is funny looking

mybbqrules posted...

Texas.

Who's surprised? Anyone? Anyone?

Me either.

It was a double Texas moment.

1) the crime
2) the joke sentence

Can a jury recommend a harsher sentence? because if so it was a triple Texas moment

Should have gotten life in jail

Good, Christian women dont cheat on their husbands is what Im guessing the women of Texas believe.

ClayGuida posted...

That's not in the heat of the moment. For a state that has no problem frying people, this is pretty fucked. There's no justice in this.

Their laws have made it pretty clear that they view women as less than human, so the punishment isn't going to be as harsh for killing a woman.

havean776 posted...

In a few years of MAGA America this will be given a firm handshake and an understanding that the wife deserved it.

Few years after that you will be able to freely take any woman forcefully without repercussions. Hell, they'll pay YOU if the woman is a minority.

Yeah he doesn't look like the picture of health. There's a good chance he doesn't make 10 years. Dude seemed winded standing in the driveway talking.

You think prison will actually help him?

You think he'll start lifting and turn his life around?

cjsdowg posted...

This is a case of clear premeditated murder. The naked bastard retrieved a firearm, pursued the victim with intent, and verbally expressed his intention to commit homicide.This act was not a spontaneous thing.He did not kill her the second he found out about her cheating, he found out about it tuje ue kade a plan to kill her, said he was going to kill her, got a shot gun, and ollowed through on his stated death threats. These actions demonstrates the presence of mens rea, the requisite mental state for murder. First-degree murder does not need an extended period of premeditation it requires sufficient time for the perpetrator to consider the act. This is man should be in jail for life.

Yeah, you don't need an assassination plan to a murder to be premediated. Thrill kills are still 1st degree murder. You just need to have had a clear intention to kill someone which telling someone "time for you to meet jesus" is.

I was expecting one of those fucked up "person comes home at night and gets shot" scenarios where you could possibly find maybe some wiggle room. Not straight up murder.

havean776 posted...

In a few years of MAGA America this will be given a firm handshake and an understanding that the wife deserved it.

He will run for some sort of elected office in Texas when he gets out with a heinous tone deaf campaign where he's blaming democrats for trying to take away your guns so you can't defend yourself.

He will win with 70% of the vote.

MorbidFaithless posted...

10 years for what amounts to an honor killing. Heinous.

mybbqrules posted...

Texas.

Who's surprised? Anyone? Anyone?

Me either.

If he'd claimed she was pregnant and making plans to abort the baby, they probably would've reduced the already short sentence by half.

"Olivia testified that she had never witnessed her father physically abusing her mom, but she wanted to raise awareness that there are different types of abuse she experienced, including emotional and financial. She said that while she still loves her father, she can never forgive him."

She is correct how bad emotional and financial abuse alone can be.
My dad was a fucking monster as far as psychological and financial abuse goes.
He knew my credit card payment dates, so he would always start major arguments those days so be so fucking upset that I would miss payments; I didn't realize until 6 months later that my interest has doubled on all my credit cards after years of great credit.

Asshole evicted me by court 6 months after I drove him to 2 separate colonoscopies. You can't find a place to rent with evictions, my lawyer friend told me ahead of time and I told my dad not to, but he is a malignant narcissist, and he wanted to make everything as difficult as possible. Luckily my other close friend had just purchased a house to refurbish, and rented it to me

So now I have a 30 mile commute to work, but my dad doesn't know where I live.
I wish I could say I slept better at night, but PTSD nightmares can be terrible, I usually sleep in 2 segments to decrease the potential duration of nightmares .

Guy is a piece of crap agreed, should been at least 20 years minimum.

*was curious, average time for a single murder is 11 years in the US, so this was below the average*

texanfan27 posted...

*was curious, average time for a single murder is 11 years in the US, so this was below the average*

The fuck? Only 11 years for murder?

BlueKat posted...

The fuck? Only 11 years for murder?

It really depends on the circumstances. A lot of murders are cases where it's highly unlikely they'd do it again.

But I knew a guy with 4 attempts of murder. He's got 80 years and he failed to kill all 4. But the fact he showed he's likely to do some shit like that again....

Know a guy who only got 5 years. And it was premeditated. Idk if that came out in court but he admitted it to me. Said he hunted the dude through 3 states to find and kill him. He would never say why though so I assume it was extremely personal and he didnt want to revist those emotions.

Sufferedphoenix posted...

It really depends on the circumstances. A lot of murders are cases where it's highly unlikely they'd do it again.

But I knew a guy with 4 attempts of murder. He's got 80 years and he failed to kill all 4. But the fact he showed he's likely to do some shit like that again....

Know a guy who only got 5 years. And it was premeditated. Idk if that came out in court but he admitted it to me. Said he hunted the dude through 3 states to find and kill him. He would never say why though so I assume it was extremely personal and he didnt want to revist those emotions.

How and why do you know these people? ( O_o)

BlueKat posted...

How and why do you know these people? ( O_o)

I worked in a prison

The last guy I mentioned I worked horse stables with. Not gonna lie it creeped me out. He was TOO nice considering I knew that about him and he was hillbilly as it got. Overalls no shoes on no shirt piece of straw in his mouth and a straw hat. Kinda favored Clooney from oh brother where are thou

What really creeped me out knowing this was he was always grinning

"I lost both my parents that day. My dad died that day, too, because the person who did that to my mom and my father aren't the same person," Olivia said.

Damn