Another Stand Your Ground Shooting

A Houston man on trial for fatally shooting his neighbor says he was acting in self defense and his home video can prove it. Raul Rodriguez, a former firefighter, was recording his argument with neighbors, when he shot and killed Kelly Danaher, an elementary school teacher, and wounded two other people in May 2010. The 22-minute homemade video is the key to the trial, but what's on the video might be in the eye of the beholder.

"This is a difficult defense to mount," says Dana Cole, legal analyst and defense attorney. "He had no injury, he brought a gun to a noise complaint, and it appeared he was escalating it, by baiting the party-goers."

It was after midnight when Rodriguez, complaining to police over the phone that the music was too loud, walked up to Danaher's driveway with a flashlight and gun. On the video, Rodriguez can be heard talking to a 911 operator, saying, "I'm running the video camera right now and I'm talking to you and I mean, I'm scared to death here." In the unfolding confrontation between Rodriguez and several unidentified men, one yells, "Tell you what, pal, you just pulled a gun on the wrong [expletive], OK?"

When one of the party-goers saw Rodriguez's gun, he suggested he is getting his own. "When I go in that house and come back," he warned, "don't think I won't be equal to you, baby." "It's about to get out of hand sir, please help me. Please help me, my life is in danger now…," Rodriguez told police over the phone. "Now, I'm standing my ground here. Now, these people are going to try and kill me."

Seconds later, a fight about loud music ends with the crack of gunfire.

"Look, I'm not losing to these people anymore," Rodriguez said. "I'm just totally going to stay back, because they're drunk, they're…"

Rodriguez is interrupted by wild laughter, and then the sound of gunfire, before the tape stops as Rodriguez is tackled to the ground. In addition to the shot that killed Danaher, Houston Fire Capt. Ricky Johnson and Marshall Stetson received multiple gunshot wounds after the camera stopped recording. Rodriguez, a father of six, walked away from the incident unharmed.

The trial is expected to last about a week.

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Carne Seca said:

Way to go, NRA. The Stand-Your-Ground bills you wrote, sponsored, and were instrumental in getting passed, give people a loophole for murder. All so you could sell more guns and make more profit.

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ru4r34l said:

Why bring a gun to speak with your neighbours, then pull it, for what reason? what the hell is the police response times in these states?

It sucks when two losers both want to "SYG", who wins then, the better shot?
It is a shame that a human life means nothing to these people

regards,

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Carne Seca said:

Way to go, NRA. The Stand-Your-Ground bills you wrote, sponsored, and were instrumental in getting passed, give people a loophole for murder. All so you could sell more guns and make more profit.

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Mr Neutron said:

I still lived in Houston in May 2010, when this incident happened, there was no "stand your ground" law. Bringing up a 2 year old story that has nothing to do with the Florida law, other than the perp saying "I'm standing my ground", is disingenuous, at the very least.
If you hate the 2nd amendment, go to North Korea, they have the ultimate gun control there.

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ru4r34l said:

2nd Amendment protects an individual's right to possess a firearm, unconnected to service in a militia[1][2] and to use that arm for traditionally lawful purposes, such as self-defense within the home.

regards,

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ru4r34l said:

2nd Amendment protects an individual's right to possess a firearm, unconnected to service in a militia[1][2] and to use that arm for traditionally lawful purposes, such as self-defense within the home.

regards,

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Mr Neutron said:

I still lived in Houston in May 2010, when this incident happened, there was no "stand your ground" law. Bringing up a 2 year old story that has nothing to do with the Florida law, other than the perp saying "I'm standing my ground", is disingenuous, at the very least.
If you hate the 2nd amendment, go to North Korea, they have the ultimate gun control there.

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Mr Neutron said:

I still lived in Houston in May 2010, when this incident happened, there was no "stand your ground" law. Bringing up a 2 year old story that has nothing to do with the Florida law, other than the perp saying "I'm standing my ground", is disingenuous, at the very least.
If you hate the 2nd amendment, go to North Korea, they have the ultimate gun control there.

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Carne Seca said:

“Stand your ground” in Texas was an amendment to House Bill 1815, passed by the 80th Session of the Texas Legislature, which convened from January through May 2007. The bill passed the House with 137 yeas and no nays, with two present, not voting. In the Senate, the vote was 30 to 0 in a voice vote. It was then submitted to Gov. Rick Perry, who immediately signed it into law. It then went into effect Sept. 1st.

Before 2007, the existing statute required an “actor”– the owner of property, for example – to retreat if a reasonable person in the actor’s situation would have retreated. The 2007 amendments adopted by the state’s legislators significantly expanded the areas covered by the duty to retreat. It, in fact, abolished the duty to retreat if the defendant (or actor) can show that 1) he had the right to be present at the location where deadly force was used; 2) did not provoke the person against whom deadly force was used and 3) was not engaged in criminal activity at the time deadly force was used ... and the potential applications of this exception was not limited to the actor’s habitation.

Hey Neutron. Full of shit, much?

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	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution of certain offenses that involve
	carrying weapons on a person's property or in a person's vehicle.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 46.02, Penal Code, is amended by
	amending Subsection (a) and adding Subsections (a-1) and (a-2) to
	read as follows:
	(a) A person commits an offense if the person [he]
	intentionally, knowingly, or recklessly carries on or about his or
	her person a handgun, illegal knife, or club if the person is not:
	(1)on the person's own premises or premises under the
	person's control; or
	(2)inside of or directly en route to a motor vehicle
	that is owned by the person or under the person's control.
	(a-1)A person commits an offense if the person
	intentionally, knowingly, or recklessly carries on or about his or
	her person a handgun in a motor vehicle that is owned by the person
	or under the person's control at any time in which:
	(1) the handgun is in plain view; or
	(2) the person is:
	(A)engaged in criminal activity, other than a
	Class C misdemeanor that is a violation of a law or ordinance
	regulating traffic;
	(B)prohibited by law from possessing a firearm;
	or
	(C)a member of a criminal street gang, as
	defined by Section 71.01.
	(a-2)For purposes of this section, "premises" includes
	real property and a recreational vehicle that is being used as
	living quarters, regardless of whether that use is temporary or
	permanent. In this subsection, "recreational vehicle" means a motor
	vehicle primarily designed as temporary living quarters or a
	vehicle that contains temporary living quarters and is designed to
	be towed by a motor vehicle. The term includes a travel trailer,
	camping trailer, truck camper, motor home, and horse trailer with
	living quarters.
	SECTION 2. Section 46.15(b), Penal Code, as amended by
	Chapters 1221 and 1261, Acts of the 75th Legislature, Regular
	Session, 1997, is reenacted and amended to read as follows:
	(b) Section 46.02 does not apply to a person who:
	(1) is in the actual discharge of official duties as a
	member of the armed forces or state military forces as defined by
	Section 431.001, Government Code, or as a guard employed by a penal
	institution;
	(2) [is on the person's own premises or premises under
	the person's control unless the person is an employee or agent of
	the owner of the premises and the person's primary responsibility
	is to act in the capacity of a security guard to protect persons or
	property, in which event the person must comply with Subdivision
	(5);
	[(3)] is traveling;
	(3) [(4)] is engaging in lawful hunting, fishing, or
	other sporting activity on the immediate premises where the
	activity is conducted, or is en route between the premises and the
	actor's residence or motor vehicle, if the weapon is a type commonly
	used in the activity;
	(4) [(5)] holds a security officer commission issued
	by the Texas [Board of Private Investigators and] Private Security
	Board [Agencies], if:
	(A) the person is engaged in the performance of
	the person's duties as a security officer or traveling to and from
	the person's place of assignment;
	(B) the person is wearing a distinctive uniform;
	and
	(C) the weapon is in plain view;
	(5) [(6)] is carrying a concealed handgun and a valid
	license issued under Subchapter H, Chapter 411, Government Code
	[Article 4413(29ee), Revised Statutes], to carry a concealed
	handgun of the same category as the handgun the person is carrying;
	(6) [(7)] holds a security officer commission and a
	personal protection officer authorization issued by the Texas
	[Board of Private Investigators and] Private Security Board
	[Agencies] and [who] is providing personal protection under Chapter
	1702, Occupations Code [the Private Investigators and Private
	Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
	Statutes)]; or
	(7) [(] holds an alcoholic beverage permit or
	license or is an employee of a holder of an alcoholic beverage
	permit or license if the person is supervising the operation of the
	permitted or licensed premises.
	SECTION 3. Section 46.15(h), Penal Code, is amended to read
	as follows:
	(h) For the purpose of Subsection (b)(2), "premises" has the
	meaning assigned by Section 46.02(a-2) [includes a recreational
	vehicle that is being used by the person carrying the handgun,
	illegal knife, or club as living quarters, regardless of whether
	that use is temporary or permanent. In this subsection,
	"recreational vehicle" means a motor vehicle primarily designed as
	temporary living quarters or a vehicle that contains temporary
	living quarters and is designed to be towed by a motor vehicle. The
	term includes a travel trailer, camping trailer, truck camper,
	motor home, and horse trailer with living quarters].
	SECTION 4. The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect when the offense was committed, and
	the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense was
	committed before that date.
	SECTION 5. This Act takes effect September 1, 2007.

Carne Seca said:

“Stand your ground” in Texas was an amendment to House Bill 1815, passed by the 80th Session of the Texas Legislature, which convened from January through May 2007. The bill passed the House with 137 yeas and no nays, with two present, not voting. In the Senate, the vote was 30 to 0 in a voice vote. It was then submitted to Gov. Rick Perry, who immediately signed it into law. It then went into effect Sept. 1st.

Before 2007, the existing statute required an “actor”– the owner of property, for example – to retreat if a reasonable person in the actor’s situation would have retreated. The 2007 amendments adopted by the state’s legislators significantly expanded the areas covered by the duty to retreat. It, in fact, abolished the duty to retreat if the defendant (or actor) can show that 1) he had the right to be present at the location where deadly force was used; 2) did not provoke the person against whom deadly force was used and 3) was not engaged in criminal activity at the time deadly force was used ... and the potential applications of this exception was not limited to the actor’s habitation.

Hey Neutron. Full of shit, much?

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desert dude said:

I don't know who is right in this pissing match between you and Neutron, but please tell me Mr. Seca what, exactly, is wrong with the highlighted portion?

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jkahndb0 said:

As long as the "actor" has all permits and licenses that are required to carry the gun.. I don't see anything wrong with it....
It basically just gives ppl the right to self defense as long as there not in the middle of committing a criminal act and choose not to run, or running isnt a viable option when faced with an aggressor... At home or away...

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desert dude said:

Yeah, I agree.

Permits and licenses is kind of a sore point with me, but I get your point.

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desert dude said:

Yeah, I agree.

Permits and licenses is kind of a sore point with me, but I get your point.

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