"Stand your ground" trial in Houston

[Smart Oz]

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.

The Question I ask is- should he have stayed home and waited for the police or is he justified? Let's hear some opinions



Mr. Oz

[Tophog]

From what little details are given, sure doesn't sound justified to me.

And what about him being a former firefighter, and one of the people hit was a fire chief?

Might be a lot more going on than we know!

[jfrey123]

Sounds like the guy got what he was asking for. I'm quite confident that the spirit behind "stand your ground" laws was not intended to allow Rodriguez's actions.

From the article, it seems like he approached his neighbor's property with gun in hand, he "pulled the gun on the wrong [expletive]." NRS would likely define that as our generic brandishing law, "drawing weapon in a rude or threatening manner." Any action taken by the residents of that property would be within THEIR right to "stand their ground."

I believe Rodriguez escalated the situation by leaving his property and threatening the others. Standing on someone else's property (or in front of it, that is unclear) while telling the cops on the phone "you're afraid for your life" is a joke. Him bringing an unholstered weapon into play was escalation on his part, which again goes against nearly every "stand your ground" law: you can not stand your ground when you start the fight, the person you started it with is the one standing their ground.

[MAC702]

This is not a SYG defensive situation.

Neither was the Z-M incident in Florida.

It's just the current buzzword being played that will only hurt legitimate SYG defense laws.

[HoJo]

Here's a link to the story with video shot as it happened.

http://gma.yahoo.com/blogs/abc-blogs...opstories.html

[ElevenBravo]

reading what happened, it sounds a lot like the guy went there looking for trouble. apart from being stupid and not just calling it in and letting johnny law handle it, i am reading a lot of key phrases- 'i'm fearing for my life', 'i'm standing my ground', etc... that one would use to justify a SYG affirmative defense. it just sounds too planned out for me. people truly fearing for their lives don't talk like that. the tinfoil-hat part of me wonders if this isn't some stunt by the brady bunch or other anti-zealots to get laws like this turned around.
i'm in agreement that this is not covered by most of the SYG model legislation as most of them have an exception for when the would-be victim is actually the aggressor.

[stoneez]

He should have stayed home. I am curious, at what point, did it seem like a good idea to grab a gun, flash light, camera AND phone and head to a party where people are drinking. I think he was stupid and makes the rest of us look bad.

[zynvktca]

What a fool...

Another person acting out of place thinking that they are in the right. At no point was his life in danger until he placed himself in the path of danger. He could have easily walked away.. and I believe this is where they are going to nail him...

[Smart Oz]

C'mon... Loud music from a neighbors house equals imminent threat???



Mr. Oz

[samhade]

From the video, the shooter is in the wrong. Stand your ground laws are good, and this should not be covered under them as they are written. He needs to be maken an example of (from the evidence I have seen).