Gilbert had admitted to shooting Frago in the neck on Christmas Eve 2009, when she accepted $150 from Gilbert and left his home without having sex with him. Frago, who was paralyzed by the shooting, died several months later.
Gilbert's defense argued that the shooting wasn't meant to kill, and that Gilbert's actions were justified, because he believed that sex was included as part of the fee. Texas law allows people "to use deadly force to recover property during a nighttime theft."
More at: http://gawker.com/texas-says-its-ok-t