Danna Lynn Busby, 55, Ben Wheeler, was sentenced to 30 years confinement in the Texas Department of Corrections – Institutional Division, for the murder of Wendell Harris, 54, of Brownsboro.
A jury found Busby guilty on July 21, 2017 after a week of testimony and arguments by counsel. She opted to have 173rd District Court Judge Dan Moore assess her punishment upon completion of a Pre-Sentence Investigation report.
A one day punishment hearing was held Wednesday, October 11, after which Judge Moore handed down the sentence. Under Texas law, she will become eligible parole after serving one-half the time assessed, however eligibility for parole does not guarantee that parole will be granted.
While she admitted to shooting Harris who was related by marriage, Busby claimed that she was defending her daughter and herself from an assault which arose from a confrontation between Harris and the daughter at their home in Brownsboro.
The jury did not find that Busby’s actions were justified, and in assessing the sentence, the Judge rejected a finding of “sudden passion” as requested by the defense. Such a finding would have reduced the penalty range from 5-99 or life, to one between 2 and 20 years.
District Attorney Mark Hall and Assistant District Attorney Elizabeth Miles argued the case for the State.