Mamba Pistol 9x19mm Parabellum automatic pistol

Mamba Pistol 9x19mm Parabellum automatic pistol (Photo credit: Wikipedia)

Apparently in Texas life is cheap, especially if you are Craig’s List escort. If you haven’t read about it yet, here are the facts. Ezkiel Gilbert shot Lenora Ivie Frago.  Gilbert openly admits that he shot Frago because she wouldn’t have sex with him, and he wanted his $150 back.  The injury initially left her paralyzed but she died nine months later.  According to him she wandered around his apartment for 20 minutes and left to give the money to her driver, who ended up being her pimp/boyfriend.  Of course we don’t have her side of the story.  The link to the article is here.

Texas Jury Says It’s Cool to Kill Prostitutes For Not Having Sex with You

Here a few scenarios of what might have happened.

  • She could have arrived fully expecting to have sex with Gilbert – he brandished a gun – she got scared and tried to flee.
  • She might have intended on ripping him off of the $150 and the whole thing was a scam
  • She may never have agreed to sex with him in the first place, he misunderstood the situation, threatened her and she fled.
  • She could have agreed to sexual relations with him, but he wanted to engage in sexual acts – risky behavior – sex without a condom, anal sex, bondage, urination, defecation, blood, etc.
  • Maybe she agreed to oral sex, or fondling and he expected intercourse.
  • It may have been her protocol to give her boyfriend/pimp the money before engaging in any sexual activity with a client.

In any event she didn’t deserve to die for her actions.

He claimed he didn’t mean to kill her – yet he shot her in the neck.  He also claimed he was just trying to get back his property – $150 for an illegal act.

There is so much wrong with this case.  Was her only option to consent to being raped to avoid being killed?  Can a prostitute refuse a client she thinks is dangerous, violent or expecting more than what was mutually agreed upon?   Does that woman still have some basic rights of safety?  Because the act was illegal, the victim had no legal recourse if Gilbert threatened her, beat, raped or refused to pay.  Gilbert knew and understood that basic fact. Even if it was a legally binding contract with boundaries written out in detail she backed out of the deal – he shouldn’t have been able to act as judge, jury and executioner.   Sex is not like every other commodity.  It not as if she was selling a motorcycle, took his money, and drove off.  If she feared for her safety or her life, it is reasonable that she might bolt.

The Texas law allows people to use force not just in self-defense, but also to protect their property.  Because this case involved an illegal transaction – Texas has just set a precedent.  Drug dealers should not have to face charges if they murder anyone as long as the murder involved property.  The mafia could have a field day in Texas and avoid most murder charges.  And what is to stop any number of bogus claims of late night robberies to justify cold-blooded murder?

All that being said, what is not spoken here is that the woman’s life had little value in the eyes of the state.  I can’t imagine the same outcome over a disagreement between two men and a nonsexual crime.  Many women in the sex trade enter into it out of desperation – some are undocumented, drug-addicted, or victims of violence.   The sex industry couldn’t possibly exist if it wasn’t for the marketplace of men willing to pay for sex.  The state of Texas may not agree with the idea of prostitution but it isn’t going to go away any time soon.  No woman should die for refusing to have sex with a man, not even a sex worker.

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3 comments on “Texas Justice: Open Season on Prostitutes

  1. Anders

    Am I surprised that this happens in Texas, NO.

    Texas Penal Code – Section 9.42. Deadly Force To Protect Property.

    Gives the property owner the right to use deadly force to prevent someone to flee with stolen property.

    Jury selection is also a big part of how the verdict falls and In Texas you can count on having a jury that stands firmly on the side of a white male gunman.

    In Texas as opposed to many other places the Police doesn’t have a monopoly on the use of deadly force. All you need to shoot someone with impunity is to have some private property.

    It’s open season on every body that moves.

    1. julietjeske

      I am glad I don’t live there. The law is CRAZY. There have to be people abusing this insanity, it would be so easy to say someone was “stealing” something when you just shot them and then made up a story after the fact. Why not? There were apparently no witnesses to this crime and he got away with it.

      1. Anders

        I agree, that is the thought that came to me too. I have no knowledge of the statistics of how often this kind of thing happens in Texas so I have no way of knowing how often the law is abused. Reading the text of this law and the article oh this specific shooting invokes images of a state that is a really bad place to be. I’m sure a majority of the 26 million Texans go about their normal daily lives just like people in any other state, thinking that they have reasonable protection of their person from bodily harm, caused by gun wielding property owners. Note to self “when in Texas pay attention to property lines”

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