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Thread: Man claims self-defense in fatal shooting of a neighbor

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    Re: Man claims self-defense in fatal shooting of a neighbor

    Here is the video of the news with the video of the night of the shooting:

    Last edited by dolphinocean; 06-10-12 at 10:16 PM.

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    Re: Man claims self-defense in fatal shooting of a neighbor

    Quote Originally Posted by dolphinocean View Post
    The man is on trial since June 7 or sometime around that time. Here's another link with a better video of the event from News video:

    Raul Rodriguez: When "Stand Your Ground" isn't "Stand Your Ground"
    It isn't stand your ground here in Houston because Texas does not have a "Stand Your Ground" law. Instead, Texas has what is called "The Castle Doctrine", which states that if an intruder comes onto your property, and you are reasonably afraid for your life or property, then you are authorized to use deadly force.

    1) The defendant went onto someone else's property, and started the fight, so the Castle Doctrine does not apply.

    2) However, had this been in Florida, Stand Your Ground would not apply either, since it was the defendant, not the victim, who started the altercation. In Florida, if you are the one starting the altercation, then Stand Your Ground is no longer a viable defense.

    OK, back to Texas - This dumbass will be spending a very long time in prison, and rightfully so. And when he gets out, you can bet that he will never be allowed to own a gun for the rest of his life, since he already proved that he failed his responsibility as a gun owner. Yes, the 2nd Amendment is a fundamental right, but what some assholes like this jerk don't realize is that, with rights, come responsibilities. Rights and responsibilities go together, and as far as I am concerned, if you are not responsible with a particular right, then you lose whatever right is associated with that responsibility.
    Last edited by danarhea; 06-10-12 at 10:33 PM.
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    Re: Man claims self-defense in fatal shooting of a neighbor

    The Castle Doctrine was revised in 2007 to expand it not only to their "castle" but to SYG version:

    Texas’ version of a stand-your-ground law, known as the Castle Doctrine, was revised in 2007 to expand the right to use deadly force. The new version allows people to defend themselves not only in their homes but also in workplaces or vehicles. It also says a person using force cannot provoke the attacker or be involved in criminal activity at the time.

    Raul Rodriguez: When "Stand Your Ground" isn't "Stand Your Ground"
    Last edited by dolphinocean; 06-10-12 at 10:46 PM.

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    Re: Man claims self-defense in fatal shooting of a neighbor

    Quote Originally Posted by joko104 View Post
    But we all know that you OPPOSE calling the cops. You are adament that Martin was correct to not dial 911 if he feared Zimmerman and instead should have gone and punched Zimmerman. In your opinion, a person should aggressively approach someone annoying them and under no circumstances call the police.
    Exactly! Being followed = being annoyed by noise!
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    Re: Man claims self-defense in fatal shooting of a neighbor

    Quote Originally Posted by ARealConservative View Post
    thank you captain obvious. the very first sentence of the thread stated clearly he is on trial
    So, he got it wrong. Who gives a ****?
    Quote Originally Posted by ecofarm View Post
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    Re: Man claims self-defense in fatal shooting of a neighbor

    Quote Originally Posted by dolphinocean View Post
    The Castle Doctrine was revised in 2007 to expand it not only to their "castle" but to SYG version:
    It still does NOT apply to entering someone else's car, workplace, or property in order to shoot someone, so in essence, it is pretty much the same. People don't have the right to TRESPASS and claim some kind of ersatz Stand Your Ground in Texas, and the Castle Doctrine still has absolutely nothing in common with Stand Your Ground. In essence, there is NO Stand Your Ground defense in Texas, either as part of the Castle Doctrine, or anything else. In Texas, if you are in a fist fight, no matter who started it, and you are getting your ass kicked, you will most definitely go to prison if you pull a gun and shoot the other guy.
    Last edited by danarhea; 06-10-12 at 11:38 PM.
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    Re: Man claims self-defense in fatal shooting of a neighbor

    Quote Originally Posted by Goshin View Post
    There's at least one, big HUGE problem here... he went onto his neighbor's property.


    Now I am expert in SC law on self-defense, not so much Texas....but I know how the general principles work in most jurisdictions.

    What you do at home or in your own yard is one thing.

    What you do in public is slightly different....

    What you do when you are on Someone ELSE'S property is VERY VERY different, especially if they've made it clear they don't want you there.

    In SC for instance, it is a misdemeanor to carry a gun into someone else's home without their permission. If you're in someone else's home or yard or "curtilage" (area near any buildings or established sites on the property) then you're almost automatically in the wrong in any confrontation with the OWNER, UNLESS you attempt to retreat and are prevented from doing so.



    Again, I am not expert in the details of Texas' law on self-defense, but I do know that in most jurisdictions you are NOT allowed to "stand your ground" when the ground you are standing on is someone else's house or yard.

    My 0.02


    G.

    Hes going to get convicted me thinks...I dont see how he can claim syg when he went looking for trouble...all he had to do was what he did call 911 make a complaint and stay in his house...he created the physical confrontation.

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    Re: Man claims self-defense in fatal shooting of a neighbor

    LOL - I had **** neighbors . . . eventually tehy were brought up on enough code violations that they were driven out . . . but the idea of shooting one of them over their many noise-issues and domestic dramas never occured to me.

    Ever.

    And I even had a rifle at that time.
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    Re: Man claims self-defense in fatal shooting of a neighbor

    Quote Originally Posted by danarhea View Post
    OK, back to Texas - This dumbass will be spending a very long time in prison, and rightfully so. And when he gets out, you can bet that he will never be allowed to own a gun for the rest of his life, since he already proved that he failed his responsibility as a gun owner. Yes, the 2nd Amendment is a fundamental right, but what some assholes like this jerk don't realize is that, with rights, come responsibilities. Rights and responsibilities go together, and as far as I am concerned, if you are not responsible with a particular right, then you lose whatever right is associated with that responsibility.
    I wonder what else we can apply this sort of backwards reasoning to.... hmmmm - oh I know, if somebody is convicted of libel, they should lose their right to free speech once they get out of jail. Better yet, if somebody is convicted of perjury, they should lose all rights to privacy once they leave jail. Why do "conservatives" insist of demonizing and isolating people even after they've supposedly repaid their debts to society?
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    Re: Man claims self-defense in fatal shooting of a neighbor

    Quote Originally Posted by Hatuey View Post
    I wonder what else we can apply this sort of backwards reasoning to.... hmmmm - oh I know, if somebody is convicted of libel, they should lose their right to free speech once they get out of jail. Better yet, if somebody is convicted of perjury, they should lose all rights to privacy once they leave jail. Why do "conservatives" insist of demonizing and isolating people even after they've supposedly repaid their debts to society?
    Resorting to backwards reasoning isn't really necessary. He will be convicted of a felony charge and won't be able to own a gun legally ever again.

    I don't like that law personally, but that's how the chips fall.
    Last edited by d0gbreath; 06-11-12 at 05:05 PM.

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