GUILTY TX - Alanna Gallagher, 6, Saginaw, 1 July 2013 - #13

[Backwoods]

I guess...maybe: They had to (formally) charge him with something, in order to keep him in custody ... and the attack on the officer is the most simple, maybe, in that there are eyewitnesses, etc.

They maybe want to hold off on all the other until he is lucid, can talk, whatever, because of the complexity.

 

[nursebeeme]

he has not yet been arraigned though, correct? Charges are just pending??? I think it is related to his medical condition. Once he is off pain meds (trach or no trach) he can be arraigned right there in his hospital room (seen this happen)

 

[ArianeEmory]

I really hope a lawyer weighs in, how confusing.

 

[nursebeeme]

most likely he is on narcotics (pain meds and sedation especially if he is still on a vent) and cannot lucidly confer with his attorney (legally speaking)

 

[Jo in Calif]

According to this he was arrested without a warrant on the day that he shot the officer in the presence of the other officers.

http://law.onecle.com/texas/criminal-procedure/chapter14.html

 

[Karma28]

he has not yet been arraigned though, correct? Charges are just pending??? I think it is related to his medical condition. Once he is off pain meds (trach or no trach) he can be arraigned right there in his hospital room (seen this happen)

But then how was he charged and bond set for the attempted murder?

 

[Flutterby80]

most likely he is on narcotics (pain meds and sedation especially if he is still on a vent) and cannot lucidly confer with his attorney (legally speaking)

It's all so sad and tragic. Gee, I hope he is not in any pain.:boohoo:

 

[GingerzMomma]

According to this he was arrested without a warrant on the day that he shot the officer in the presents of the other officers.

http://law.onecle.com/texas/criminal-procedure/chapter14.html

But, as Karma28 posted, there WAS an ARREST WARRANT for the CAPITAL MURDER of AG they were in the action of serving when he shot Lodatto.

http://www.scribd.com/doc/155582773/Tyler-Holder-Capital-Murder-Arrest-Warrant-Affidavit

Even if he is incapacitated (injuries, medication, etc), how can he be charged with the latter but not the former?

** Caps aren't yelling, just drawing attention to the details of the arrest warrant posted **

 

[momtective]

Thank you, thank you, thank you! Thought I was losing my mind!

So, resident attorneys, is it possible for:

1. arrest warrant to be served, but one not formally charged?

2. one charged, but bond not yet set?

This makes no sense to me. I should just stick with the blood & guts, huh? Ugh......those don't play games!

My guess, you can serve a living person with a warrant, but you can't charge a person with a crime when they're only "technically"alive. I really, really hope I'm wrong, but what if TH is on a vent and only "technically" alive at this point.
Quite simply...you can't charge a dead man, right?

 

[GingerzMomma]

My guess, you can serve a living person with a warrant, but you can't charge a person with a crime when they're only "technically"alive. I really, really hope I'm wrong, but what if TH is on a vent and only "technically" alive at this point.
Quite simply...you can't charge a dead man, right?

Yes, but: he is charged for the attempt against Lodatto.

 

[GingerzMomma]

Well, this is clear as mud, but I guess might answer some things?

http://wiki.answers.com/Q/What_is_the_difference_between_being_arrested_and_being_charged

"A person who has not been charged can be arrested. The police then bring information to the prosecutors, who then decide whether to charge. If the prosecutor declines to charge, the police normally must let the person go."

I guess it was easier to charge the attempted cap murder against Lodatto so they can at least keep him in custody while they continue to investigate?

* more details in link, but I won't C&P d/t copyright rules.......

 

[ArianeEmory]

But they didn't know he would shoot a cop.

Did they find evidence that's making them rethink the capital murder charge?

 

[SailorMoon]

Here's what I see, one charge of capital murder, and one attempted capital murder, 500k each. No mugshot, obviously.

https://ijis.tarrantcounty.com/inmatesearch/InmateData.aspx

 

[Ladylub]

My guess, you can serve a living person with a warrant, but you can't charge a person with a crime when they're only "technically"alive. I really, really hope I'm wrong, but what if TH is on a vent and only "technically" alive at this point.
Quite simply...you can't charge a dead man, right?

I think they were going to arrest him see if he would lawyer up or talk. They would then file the proper charges on him for Alanna death. Since he was not taken into police custody ( taken to the station etc) then they did not have the time to file proper charges against him. I think they filed charges for Officer Lodatto so he would remain in custody while at the hospital. They wanted to keep control over TH and that was the easiest way. Kind of no doubt he went after the officers that day and shot Lodatto. I'm sure a defense attorney will try pull anything to show maybe he didn't do it or didn't do it alone. After all his car didn't leave the street that day.

 

[Dr. Know?]

Thanks Sailor. :seeya:

It reads

Demographics for TYLER LANE HOLDER
Last Name
Mugshot not available
First Name
Race
Sex
CID
DOB

This person is currently in custody at Tarrant County Correction Center
Charge Arrest Date Agency Bond Amount


ATTEMPT CAPITAL MURDER 7/23/2013 TC SHERIFF OFFICE $500,000.00
CAPITAL MURDER 7/23/2013 TC SHERIFF OFFICE $500,000.00

https://ijis.tarrantcounty.com/inmatesearch/InmateData.aspx

 

[GingerzMomma]

Here's what I see, one charge of capital murder, and one attempted capital murder, 500k each. No mugshot, obviously.

https://ijis.tarrantcounty.com/inmatesearch/InmateData.aspx

Hm......yep, sure does show both arrested and charged and $500K bond on each. Just when I thought I understood......

* note to others: you'll have to click to return to original screen and then enter his name.....

 

[Backwoods]

Here's what I see, one charge of capital murder, and one attempted capital murder, 500k each. No mugshot, obviously.

https://ijis.tarrantcounty.com/inmatesearch/InmateData.aspx

But -- from the July 31 article (bolding is mine):

Saginaw police spokesman Damon Ing said earlier reports that bond in the capital murder charge had been set at $1 million were premature, as Holder has not been formally charged with the murder at this time.

http://www.kens5.com/news/Bond-set-...f-Arlington-officer-in-Saginaw-217797391.html


ETA: Is anybody else's quote function doing really haywire stuff lately??

 

[GingerzMomma]

Ugh.....I really don't want to beat up on Ing again - he'd just regained my trust!

But, is this another "Ing'ism"? Or, was he only formally charged w/in last day or two and no MSM source has reported/clarified this?

 

[SCHMAE]

Here's what I wonder.... I wonder if the ads were TH way of looking for a victim... given the dates of them. Maybe he got it in his mind that he was going to do it and started looking. Then on July 1 an unexpected opportunity showed up that he could not pass up. Because after the fact he was FURIOUSLY looking for a connection with someone and I wonder if actually following through with the act on July 1 really made him want more victims. There is something very desperate about his ads........and I do not know if they are all sexually driven. Mooo obviously. I was just struck mostly by the dates of them and how there so many in so short a time after July 1 and how he may have thought he would see how many victims he could get prior to being caught? IDK , just rambling.

 

[GingerzMomma]

Did the mods ever approve a private forum? I need an outlet. Holy hell.

Kiddo's been sick so I missed about 8 pages. :/

Good point!

Apologies for derailing the 420, CL, and toilet paper tubes convo.......

:angel::angel: