posted on Jun, 7 2012 @ 09:50 AM
While I do believe in the 2nd Amendment of our Constitution, the legalese behind the "Stand Your Ground" laws have potential abuse written all over
them. What happened in Texas might be just such a case:
A Texas man says he was justified in killing an elementary school teacher over a noise complaint because he was “standing my ground.”
Now the details get rather fuzzy. First from the defendants perspective:
Retired firefighter Raul Rodriguez is hoping that a video that he taped himself will prove that he was acting in self-defense when he gunned down
P.E. teacher Kelly Danaher outside the victim’s home near Houston in May 2010.
On the video that was presented as evidence in court on Wednesday, loud music can be heard as Rodriguez tells Danaher to “turn it down.”
“You need to stop right there,” Rodriguez says. “Don’t come any closer please. I’m telling you, I’m telling you, stop, I said stop right
now or I will shoot you! … I fear for my life. I told you to stop, my life’s in danger, you got weapons on you, stay away from me.”
While standing in Danaher’s driveway with a flashlight and a gun, Rodriguez is also on the phone with a 911 dispatcher using the buzzwords he
learned in concealed weapons class, according to the prosecutor.
Okay, now he was on with the 911 dispatcher and he did warn the victim not to come any closer or else he would take action.
However, this is over a "noise complaint". That seems a bit overly dramatic. However it gets fuzzier. From the other perspective:
Stand Your Ground? Texas man kills teacher
over noise complaint
“This is a difficult defense to mount,” legal analyst Dana Cole told ABC News. “He had no injury, he brought a gun to a noise complaint, and
it appeared he was escalating it by baiting the party-goers.”
KHOU legal expert Gerald Treece also questioned the suspect’s motive.
“Nobody’s hold your own ground, or stand your own ground laws are ever on the side of the person who started the fight,” Treece said.
This is a seriously messed up situation that left a person dead.
What gets my goat about this is how Mr. Rodgriguez almost seemed to take aggressive action knowing he could fall back on the "Stand Your Ground"
I realize this is just my opinion, but please note the following (I'm going to use a comment left at the link above as the user summed it up so well
How can this guy have a case? He goes over to the neighbor's house with a gun, a camera, and a phone while talking to police dispatcher. He
INSTIGATES a confrontation with unarmed people instead of leaving this nonemergency, nonthreatening case to the police all because he can't stand the
noise and he's too impatient to let trained professionals handle it.
Seriously. I cannot see how this could possibly be justified. Mr. Rodgriguez from the information I can get seemed to be clearly egging on a
confrontation. And he went head-first into the situation with dire results.
So what do you folks think?
One last note, is the eerie prediction made by a Texas lawmaker after the Trayvon Martin shooting:
In the wake of the killing of Florida teen Trayvon Martin earlier this year, state Rep. Garnet Coleman (D) warned that the same type of situation
was possible in Texas.
“It can happen here,” Coleman pointed out. “The law is the same – the law that protects the guy that shot Trayvon.”
ETA: Video found at the end of the source.
edit on 7-6-2012 by Hessling because: Mention video at source