Well that last part should get them in jail, so maybe the conspiracy charge is moot. It just seems so unserious, lol.
Like, suppose I said in chat that I'm an evil genius and I wanted to take over the world by inventing a chemical bomb that either turns everyone into my devoted slaves or kills them if they can't be converted, and then I go sign up for a community college chemistry course and flunk out of it, is that really enough evidence to arrest me for attempted murder???
We don't know what the evidence against the two men is, but the bar to conviction for conspiracy in Texas seems to be pretty low
If that's correct, the prosecution needs to prove three elements beyond reasonable doubt
- Agreement (mutual agreement to commit a crime)
- Intent (intent to commit the crime)
- Overt act towards committing the crime (can be something as simple as purchasing supplies)
Your example clearly doesn't meet those criteria, but I can just about see how, depending on the evidence, a jury might be persuaded the pair are guilty, even though their plan was clearly pretty fanciful.
I've often wondered, as a general point, how practicable a plan has to be in order for it to become a criminal act.
For example, if someone tries to kill their victim by adding what they believe is arsenic to the victim's coffee, then that's attempted murder even though the substance they add is, in fact, harmless (they bought what they thought was arsenic from an undercover police officer who supplied them with sugar, maybe).
Where, though, does this leave someone who sincerely believes in traditional African religions or vodoun who makes what they believe is a serious attempt to kill someone by paying a sorcerer to place a curse on them?
Most of us wouldn't believe that the curse could have any effect (and if the victim did, in fact, die, we'd dismiss the curse as purely coincidental) but would not the defendant and the sorcerer nevertheless be guilty of attempted murder, if they both intended the curse to kill the victim and believed it would?