Skinsmaniac;2281376 said:
Texas Penal Code:
[FONT="]§ 38.05. Hindering Apprehension or Prosecution[/FONT][FONT="][/FONT]
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(a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he:[/FONT]
[FONT="]...[/FONT]
[FONT="](2) provides or aids in providing the other with any means of avoiding arrest or effecting escape.[/FONT]
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[FONT="]Subsection (d) makes it a felony.
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You're referencing a law that, in essence, pertains to somone who's wanted by police (ie: "under authority of a warrant") and someone (ie: family member, spouse, friend, etc.) assists that person to avoid apprehension and prosecution. Michael Irvin was never charged with a crime. He couldn't be charged with a crime unless McIver pressed charges. It's a real simple premiss and I don't know why you're reaching for straws.
The facts are not even in dispute. Irvin believed that he should have gotten his haircut before McIver because Irvin was more senior. The stupidity of the whole thing can be debated, but a fight broke out and McIver punched Irvin square in the mouth and he saw red. As the fight continued, McIver was stabbed. Cowboys fans may not like it and we may want to write it off as "horse play" but that's how it happened. I've read an an interview with Irvin and he basically relates the same story (although I can't speak for the authenticity of the interview). But that doesn't make the event a crime. Plain and simple. And any settlement with McIver isn't a crime either.
Also, there is no subsection "D" that you referenced (see below). The penal code you referenced is a Misdemeanor unless the person that you're assisting has been charged with, convicted of, or is in custody for a felony. You can spit out half truths all you want, but you only make yourself look silly and it doesn't make your position any more true.
(c) [amended 9/1/95] An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if the person who is harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony, and the person charged under this section knew that the person they harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony."