Stand Your Ground? Texas man kills teacher over noise complaint.

Originally posted by nenothtu

Originally posted by SM2

He was not trespassing, he was not what some poster tried to fabricate " trespassing with the intent to go armed" what the frack is that?

A felony.

does that mean he was trespassing and he really really wanted (intended) to be armed but was not ? There is no such crime i have ever heard of.

The full working title is "Intent to go armed to the terror of the public". Look it up.

edit on 2012/6/8 by nenothtu because: (no reason given)

I found no such law on the books in Texas. I found it in North Carolina, but not Texas. If I missed it please point it out, since you levied the charge, you do the leg work. Furthermore in North Carolina, (the only state I found, granted it didnt search every state) it is just an add on charge they generally use, plus you would have to be able to prove he actually had the intent to terrorize the public, the mere fact he had a pistol is not enough to justify this, as he is a licensed concealed carry firearm owner. Which means he can carry his pistol anywhere he damn well wants, unless prohibited by law, and last time I checked, a public road was not a place that is prohibited by Federal or State law.

reply to post by SM2


I'll have to research the Texas law. It was already posted earlier in the thread, but I worked 13 hours last night, am bushed and looking towards 15 hours tonight, so I'm going to get some sleep. I'll get back to you with citations later, after I wake up.

i just wanna say, i love the first page, and everyone calling the victim a "her" because they didnt bother to actually read anything more then the quotes given to them. morons

oh, and humans are silly filth. this couldve easily been prevented by um, i dont know, EARPLUGS. lol. i see this behavior all the time when it comes to noise disturbances, whether it be your girlfriend complaining about your snoring, the neighbors bumping music late, a dog barking outside, ect... its like, why dont any of you idgits have a nice 24 pack of earplugs next to your bed or in your house somewhere. pop them in, sleep sound, unless its like concert level noise, but you would be pleased with how much noise you can reduce with just a 3 dollar pack of earplugs.

but nah, screw earplugs, patience and rational, ME HUMAN, ME MAD, ME KILL MAN. MY ENVIRONMENT IS NOT EXACTLY HOW ME WANT, ITS ALL ABOUT ME, ME SHOOT YOU. lol. what a joke. humans are about as useful as a cup of dog piss i swear.

reply to post by jimmy1200


Yeah, you're reasoning with the earplugs is just flawless. I wonder why they don't have ear plug ordinances instead of noise ordinances?

they have some very nice noise cancelling wireless headphone that deliver awsome sound
I have a nice pair of senhausers myself
just to keep the peace...and quiet

oh, and humans are silly filth. this couldve easily been prevented by um, i dont know, EARPLUGS.

True but why should a person have to wear earplugs because a neighbor wants to blare music at night.

That said, the police seem to say that the level was within reason when they went to the house. Since it was a birthday party, maybe it wasn't a daily occurrence and the guy should have let it go for that one day.

Originally posted by roadgravel

oh, and humans are silly filth. this couldve easily been prevented by um, i dont know, EARPLUGS.

True but why should a person have to wear earplugs because a neighbor wants to blare music at night.

That said, the police seem to say that the level was within reason when they went to the house. Since it was a birthday party, maybe it wasn't a daily occurrence and the guy should have let it go for that one day.

Exactly.

If it was a nightly occurence, then the guy had every right to be upset, but he could have handled it so differently. He could have called their landlord, or created a home-owners association, or...... He had a gun, a simple round through their electric meter would have made his night a lot quieter and he wouldn't have had to confront anybody, LOL!

If it was a singular, special occasion, then he should have just minded his own business for the night and let them have their fun.

As has been mentioned the police found the volume to be acceptable
that behooves the complaintant to deal with the problem in his own head
where the problem actually was
he could have put plugs in his ear made of plastic....or lead

reply to post by Hessling


Punish him to the fullest extent of Texas law, enough said.


I'm thinking death row.

Live life like a vigilante, you might die like one.

it is hilarious reading all these armchair comments from people who did not watch the video of the incident. i'm glad all you experts can weigh in on the 5 seconds or less you spent glancing over the article (which has a very obvious bias)

honestly no one has any business weighing in on something they did not even investigate at all.

that being said, watching the video, this is not a simple case. rodriguez (the man with the camera and legal ccw) was in the public street, not on danaher's property as many claim. danaher rolled up in a truck and 5 people jumped out and confronted him very aggressively. he warned them to stop and that he was armed and not to come closer, and they at first did stop.

then, as rodriguez is still on the phone with police, the 5 or so partygoers are screaming at him "you pulled a gun on the wrong motherf***er" and "dont think i wont come equal to you" as in, he would go get a gun of his own.

then at the end of the video, danaher literally charges at rodriguez while screaming wildly. people acting like kelly danaher acted responsibly and rodriguez is just this crazed gun nut are just uninformed and speaking ignorantly. if someone charges at a man with a gun who just warned him not to come any closer as he fears for his life an will defend it, he might just get shot. a crazy notion i know.

reply to post by getreadyalready


Exactly.

On Holidays people keep me up with their stupid fireworks but do I go out with my Katana and start going Ninja on them?

No.

The next day it is all over and life moves on.

reply to post by nenothtu


He may have confronted them but that definition of confront does not mean to start a physical fight. Addressing a problem you have with someone should not be viewed as physical confrontation. I pray you never become a leo. You would probably think it is okay to physically harm someone who has a dispute with you.

Abduction and being chased onto the property of another is most certainly irrelevant to this issue, and the fact that he carried a firearm onto Danaher's property is irrelevant to the stand your ground law, because he did not shoot Danaher on Danaher's property. If a prosecutor tries to say its relevant on the grounds of it being premeditated murder, then the defense attorney can object with the fact that Rodriguez always carried a firearm with him – which would effectively explain the gun at the time of the confrontation.

He did not have his gun drawn when he told them to turn down their music in the video that I saw. And again, confront does not mean start a physical fight. You are trying to distort what happen in order to make your view seem correct. Instead you should correctly view what happen so you can have a correct view. A neighbor asking another neighbor to turn down their music's volume is not a physical confrontation and should not become one regardless of how drunk anyone is.

All we can tell from the video is that he drew his gun when they were aggressively pursuing him. At no other time are we lead to believe that he had a gun in hand except for when he said “back up”, and when he fired upon them.

As I see it, you obviously do not understand the situation – that is why I am debating you. Now that you understand that - did you honestly think that I would grant your judgments more faith of being accurate just because you said you are certified to be leo? Really?

Someone who is found to be guilty of damaging someone's property can be defined as trespassing on the sole grounds of damage to another person's property. That is where the twig comes in to play. If you are not made aware that you trespassing either verbally, or by way of a sign, then you can still be ruled as trespassing if you damage someone's property.

You are making false accusations just as the other guy did. You are leading and badgering. The man is said to have carried a firearm with him a lot. Therefore, he most likely carried it for self defense and not to confront someone with a gun.

If you look at all the evidence on the internet you will see your arguments are very weak. Also, it does not matter how it is ruled in court. That has no barring on this debate since we aren't in court and there have been plenty of unjust rulings – especially so when leo is involved with the prosecutors side of the case.

reply to post by roadgravel


If the police said it was within reasonable audible levels then they did not see the video. They must have arrived after the music was turned down.

Surely the "Stand your ground" law would only apply if the teacher went over to his home and started an argument?

Taking a gun to someone else's house because you want to complain about a loud stereo, then shooting them, is hardly grounds for self defense. For me, he deliberately took the gun to the other home, therefore it's a pre meditated action and grounds for First Degree murder.

Why didn't he just call local police to deal with it for him?

Originally posted by babybunnies
Surely the "Stand your ground" law would only apply if the teacher went over to his home and started an argument?

Taking a gun to someone else's house because you want to complain about a loud stereo, then shooting them, is hardly grounds for self defense. For me, he deliberately took the gun to the other home, therefore it's a pre meditated action and grounds for First Degree murder.

Why didn't he just call local police to deal with it for him?

surely you would want to actually find out the details of this case before you pass judgement? he was on the phone with police the entire duration of the confrontation. honestly, why even bother if you add nothing to the conversation? go watch the video in its entirety, then come back if you have something substantial to bring to the table. otherwise, you just waste everyone's time and bring others onboard the train of ignorance(which is chugging along in this thread)

reply to post by mytheroy


How can you stand in SOMEBODY ELSES DRIVEWAY and claim you are standing YOUR ground? If you were standing in YOUR OWN DRIVEWAY and somebody came over to you, then you would be standing YOUR ground.

That tape will convict this clown of murder.

Originally posted by groingrinder
reply to post by mytheroy

 

How can you stand in SOMEBODY ELSES DRIVEWAY and claim you are standing YOUR ground? If you were standing in YOUR OWN DRIVEWAY and somebody came over to you, then you would be standing YOUR ground.

I agree, but when I watch the video, I don't see him ever getting anywere near their driveway. He is in the street, actually on the opposite side of the street the whole time, and they come out and aggressively confront him in the street.

I'm not sure I agree with what he did, but when I watch the video, it does appear to give his SYG and self-defense defense pretty good legs.

And also, why call the dead guy an "elementary school teacher?" Is that pertinent to the case? I think there is some dramatic reporting here that I fell for myself. I saw "Kelly" a "elementary school teacher" and I assumed it was some nice young woman, but then I watch the video and it is a screaming, loud, aggressive male doing the attacking.

I think this guy might win and get off. The video is pretty damning. It is hard to feel sorry for those guys when you see and hear them.

Originally posted by babybunnies
Surely the "Stand your ground" law would only apply if the teacher went over to his home and started an argument?

Taking a gun to someone else's house because you want to complain about a loud stereo, then shooting them, is hardly grounds for self defense. For me, he deliberately took the gun to the other home, therefore it's a pre meditated action and grounds for First Degree murder.

Why didn't he just call local police to deal with it for him?

Once again let me point out that the shooter WAS NOT ON THE PROPERTY !!!! watch the freaking video already people. He was in the street, public property. He was a licensed concealed carry holder, he was legally carrying the gun. He did nothing illegal at that point if at all. If he carries his firearm with him as most ccw holders do, he takes it everywhere, all the time. Him carrying the gun with him does not create a crime or add to a crime. Are you implying that the shooter sat at his house and planned out the alleged murder before going over there? That he planned to shoot them and was just using the noise complaint as an excuse to do so? Well, if you are...prove it, thats what the state would have to do in this case. Just because he was carrying a firearm does not make it premeditated, that is just a moronic position to take that shows ignorance of the law.

reply to post by Danbones

Maybe the foot steps you heard were running away.

Nah. The footsteps heard at the end of the tape are coming toward Rodriguez. Liquid Courage never runs away. As ABC News reported:

Rodriguez is interrupted by wild laughter, and then the sound of gunfire, before the tape stops as Rodriguez is tackled to the ground.