Reference no: EM133348199

Case Study: Luke had been dating Mary for two months. Mary had a six-year-old son named Johnny. Luke usually spent weekends at Mary's house. On Saturdays he did chores around Mary's house. One Saturday Johnny was playing in the front yard as he usually does, while Luke was up on a ladder cleaning the rain gutters. Luke observes that a group of neighborhood young boys, who appeared to be a few years older than Johnny, were congregating in the front yard. Initially they were just talking and laughing, but after a while Johnny started saying, "No. Go away." Then the boys grabbed Johnny and he started screaming. Then they dragged Johnny down the street. All this time Luke was observing from his position on the ladder. He did not shout at the young boys; he did not call anyone using his cell phone. About fifteen minutes later there was a sound of sirens. Finally, Luke got down from the ladder and walked over to see what was happening. Johnny had tried to break free of the boys and ran out into the street, where he was fatally struck by a motorist. During the investigation that followed, Luke stated that he thought Mary was inside the house. Mary told police that she had told Luke she was going to the grocery store and to keep an eye on Johnny. Luke denies that she said that. Analyze whether Luke can be successfully prosecuted for criminally negligent homicide?

Question: Apply the Texas law in answering this essay question. Examine the metal state of the defendant, the burden of proof to obtain a conviction and the facts that support a guilty finding and an acquittal.