Texas man in stand-your-ground case could get life
Raul Rodriguez, 47, argued he was within his rights under Texas’ version of a stand-your-ground law when he killed Kelly Danaher in 2010. The trial’s punishment phase, which will include further testimony, was scheduled to begin Thursday.
Rodriguez was angry about the noise coming from Danaher’s home, where the family was having a birthday party for Danaher’s wife and young daughter. Rodriguez went to the home and got into an argument with Danaher, a 36-year-old elementary school teacher, and two other men who were at the party.
In a 22-minute video he recorded the night of the shooting, Rodriguez can be heard telling a police dispatcher “my life is in danger now” and “these people are going to go try and kill me.” He then said “I’m standing my ground here,” and shot Danaher after somebody appeared to grab his camera. The two other men were wounded.
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Texas man in stand-your-ground case could get life
When a citizen takes the law into their own hands it can get very ugly, very fast! As anyone that has ever read this blog knows, I am a strong supporter of the Second Amendment and The Castle Law. I am not a fan of *hot-heads* that go looking for trouble.
A noise complaint is, as minor as it may seem, a POLICE matter. If you asked a neighbor, asked politely, to PLEASE turn the noise down, and they refuse, OK, if it really is a *bother* to you, call the Police and ask them to send an Officer out to investigate the complaint and let them be the ones to request that the party or music be toned down to an acceptable level.
Apparently, Raul Rodriguez did none of that.
During closing arguments, prosecutor Kelli Johnson said Rodriguez started the confrontation when instead of calmly asking Danaher to turn down the music he armed himself with a handgun and a camera and proceeded to harass people at the party.
Johnson said Rodriguez lured and provoked Danaher and two other men to come out onto the street and threatened them by brandishing his gun. Rodriguez did have a concealed handgun license. She said Danaher and the two other men were unarmed and that Rodriguez’s life was never in any danger. Danaher’s widow had told jurors her husband was not a confrontational person.
“This is not what stand your ground is,” Johnson said. “Stand your ground is something the law takes very seriously. The law makes it very clear” when the law can be used.
As the person that provoked this confrontation by going to another persons home, yard or property, brandishing a gun and harassing the guests, Raul Rodriguez did, in MY opinion, place himself in a position of being the recipient of some *hot lead* if Kelly Danaher stood HIS ground, on HIS property and defended himself and others under the laws specified within *The Castle Law* of Texas.
Had Kelly Danaher not been *lured and provoked* into leaving his property and taking this dispute into the street, Raul Rodriguez would be, if Danaher would have been armed, dead and gone and Danaher would have most likely been a *NO BILL* from the Grand Jury and this matter would have been forgotten.
Texas’ version of the law, which is known as the Castle Doctrine, was revised in 2007 to expand the right to use deadly force. It allows people to defend themselves not only in their homes but also in their workplaces or vehicles. Legal experts say the expansion also gave people wider latitude on the use of deadly force.
The law also says a person using force can’t provoke the attacker or be involved in criminal activity at the time.
Johnson said Rodriguez can’t hide behind the stand-your-ground law because he provoked the confrontation and then brandished his weapon against an unarmed individual, which is a crime.
It appears that Raul Rodriguez provoked this matter, and went ARMED in doing so.
Was his relationship with his neighbors so bad that he felt he had to go ARMED to ask a neighbor to turn down the music? That is something I just don’t understand. In MY neighborhood we respect one another, and we ALL work together to help our neighbors.
Some time back there were 2 houses behind us that were inhabited by ILLEGALS, Mexican ILLEGALS, and you could set you clock to it, EVERY Saturday night they were going to have a fiesta and every Mexican they knew was going to attend.
It was LOUD, it was a pain in the ass for everyone else, there were fights, there were shots fired in celebration, a Mexican tradition I am told, and some of us decided that enough was enough. We called the Rowlett Police Dept. and filed complaints!
The parties seemed to not happen as often, but when they did, as before, they got loud and out of control. Again the Rowlett Police were called and they put an end to it, for that night anyway.
This BS continued for 3 or 4 more parties, the police would come out, the party would get quieter, but soon the Mexicans figured out that after the police left they could just turn it all back up and proceed to party. (Red Solo Cup)
Not long afterwards it ALL came to an end … somehow I.C.E. got involved.
We came in one morning and I.C.E. was in the middle of a RAID! Illegals were found, lots of ILLEGALS, drugs were found, not sure of the type or quantity, but it was enough, and voila, no more loud parties, no one more shot, and now we have a nice, quiet and peaceful neighborhood once again.
The point is, don’t take the law into your own hands. Call the police and let them handle a *disturbance* or *nuisance* call, but if someone breaks into your home, or comes to YOUR home waving a gun, take them seriously, and if you can, take them out, THAT is why we have *The Castle Doctrine* and that is protection as it is intended!