And when you look at the events in Falls City, they're very telling. If it was -- and again I don't submit for a minute that it was, the intent was to kill -- but if it was, are there any felonies that are supported by the evidence? When you look at the times of the various events that went on there in Falls City on the evening of the 30th into the early morning hours of the 31st, you can see that the pattern went like this: So there'd be no record of them in that vicinity. When they left the Gutierres home, they knew Brandon was in Humboldt. The evidence is that they were hand-in-hand plotting and hatching a plot and carrying through on the plan to kill Teena Brandon so she wouldn't testify about this rape allegation. Because if you leave prints, they can still put you at the scene.
And if Teena Brandon would have been in that home, those people all would have died.
Consider the Evidence
Wait till you'll get to number two, talking about the elements of the crime. The second felony fits the burglary definition, the breaking and entering with the intent to commit a felony, is false imprisonment. You'll also receive an instruction on what's called manslaughter in Nebraska. That's a felony, assault in the first degree. So you have to infer intent from the words of the actor. There is a peaceful quality to such a setting; the breeze, the occasional bird and the rustling belied the violence that occurred here. Linda Gutierres, and her daughter Leslie Tisdel, and her daughter Lana Tisdel, and her son, and this other person were in the house.