One of the wounded men, a Houston firefighter named Ricky Johnson, told jurors Friday that he and his friends were not at fault, saying Rodriguez “started the process by coming with a gun.”
Prosecutor Kelli Johnson has portrayed Rodriguez, who fought fires in the Houston suburb of Baytown, as the one who was looking for a fight.
Kenneth Ellis, who lived across the street from Rodriguez, testified Friday that on the night of the shooting, he saw that Rodriguez was “agitated and angry.” As he left his home, he was saying “Shut up. Shut up.”
[...]One of Rodriguez’s attorneys, William Stradley, tried to demonstrate that his client was in fear for his life when one of the men lunged at him, and he had less than a second to respond.
The defense sought to put the burden on the three other men, saying they caused the confrontation to escalate.
“Do you take any responsibility for what happened,” Stradley asked Johnson.
“Of course I do,” replied Johnson, who on the video can be seen being restrained by the two other men before the shooting.
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.
While Rodriguez was not in his own home or vehicle or business when the shooting happened, Houston criminal defense attorney Grant Scheiner said he believes the law still applies because the 2007 revision gave people wider latitude on when they can use deadly force. Rodriguez had a concealed handgun permit.