After you read this story, ask yourself “Could be used to make the argument against George Zimmerman ‘Stand Your Ground’ Defense?”
A 47-year-old Texas man who was convicted of fatally shooting his unarmed neighbor in May 2010 during a dispute over loud music and who’d unsuccessfully used a “stand your ground” law defense was sentenced Wednesday (June 27th) to 40 years in prison.
Raul Rodriguez had claimed he shot 36-year-old teacher Kelly Danaher in self-defense under Texas’ version of the controversial “stand your ground” law. But prosecutors argued that Rodriguez provoked the incident by confronting Danaher and his friends with a gun when he complained about the noise at their late-night party.
Texas’ stand-your-ground law, which, like the others justifies a person not retreating and using deadly force when a threat is perceived, includes public areas, quote, “if a person has a right to be present at a location where force is used.” However, attorney Andy Drumheller, a former prosecutor who now is a defense attorney in Houston, told Yahoo! News that the jury seemed to draw a line over Rodriguez leaving his home and going down the street to confront Danaher. Drumheller said, “The law is not designed to create this bubble that you can carry with you everywhere you go.”
The guy clearly pulled his gun early, obviously instigating the situation.
The incident was captured on video because Rodriguez was recording it. As he and Danaher and his friends shouted at each near Danaher’s driveway, one of the partygoers is heard telling Rodriguez, “Tell you what, pal, you just pulled a gun on the wrong [expletive], OK?” The same person then says, “When I go in that house and I come back, don’t think I won’t be equal to you, baby.” Rodriguez, who’d called 911, told the operator that he was scared and would defend himself, if needed, saying, “I don’t want to do this, and it all started over them playing their music real loud … it’s about to get out of hand, Sir. Please help me. ” A few seconds later he said, “I’m standing my ground here, now these people are going to try and kill me.” The video is dark when Danaher and two other men apparently lunged toward Rodriguez, laughing loudly. Rodriguez fired his gun, killing Danaher and injuring two others.
Is this case analogous to the George Zimmerman case? I don’t think so.
The guy thought he knew the law and tried to use it as a shield as he was involved in the act.
He was also on their property, which would be the part that jumps out most at me.
Martin, by most accounts appears to have been in the act of harming Zimmerman when shots were fired on a public sidewalk… So there is that difference
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