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

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    Man claims self-defense in fatal shooting of a neighbor

    Man Claims Self Defense in Fatal Shooting of Neighbor | ABC News Blogs - Yahoo!

    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. [...]


    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.
    Sounds like this guy is setting up a case of self-defense based on fearing for his life and "stand your ground". He took a gun to his neigbor's driveway with his camera while telling the police dispatcher on his cell phone that he is fearing for his life and standing his ground before the shooting.

    Did he shoot and kill his neighbor, an elementary school teacher, and wounded two others in self-defense? What do you think?
    Last edited by dolphinocean; 06-07-12 at 06:02 PM.

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

    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


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

    Why would you be a gun to your neighbor's house over a noise violation? Just stay home and call the cops.
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    Re: Man claims self-defense in fatal shooting of a neighbor

    Yea, he will be charged. Going onto the neighbor's property was a huge screw up. The Castle Doctrine, which governs these kinds of shootings, does not apply here. However, that does not mitigate the benefits of carrying a gun. The Second Amendment is a fundamental right, but with it carries a fundamental responsibility. Don't act stupid. If the man had come onto MY property, and then pulled a gun, he would be dead, and that would be the case with many households here in Houston. This jackass should consider himself lucky that he will only be going to prison.

    And now, for today's gun safety tip:

    The ghost of Jack Kevorkian for President's Physician: 2016

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

    How would HE end up dead, since he has already pulled a gun? While you are scrabbling for yours, he's busting caps in your ass, or whatever the term is.
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    Re: Man claims self-defense in fatal shooting of a neighbor

    Quote Originally Posted by dolphinocean View Post
    Man Claims Self Defense in Fatal Shooting of Neighbor | ABC News Blogs - Yahoo!



    Sounds like this guy is setting up a case of self-defense based on fearing for his life and "stand your ground". He took a gun to his neigbor's driveway with his camera while telling the police dispatcher on his cell phone that he is fearing for his life and standing his ground before the shooting.

    Did he shoot and kill his neighbor, an elementary school teacher, and wounded two others in self-defense? What do you think?
    Over loud music? Criminey... the guy is insane.. Hope they put him UNDER the jail.

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

    Quote Originally Posted by soccerboy22 View Post
    Why would you be a gun to your neighbor's house over a noise violation? Just stay home and call the cops.
    Exactly.. the guy is nuts.

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

    Quote Originally Posted by dolphinocean View Post
    Man Claims Self Defense in Fatal Shooting of Neighbor | ABC News Blogs - Yahoo!

    Sounds like this guy is setting up a case of self-defense based on fearing for his life and "stand your ground". He took a gun to his neigbor's driveway with his camera while telling the police dispatcher on his cell phone that he is fearing for his life and standing his ground before the shooting.

    Did he shoot and kill his neighbor, an elementary school teacher, and wounded two others in self-defense? What do you think?
    The shooter did everything wrong and seems to have put his own life in danger in order to shoot his neighbor. He's also a moron for videotaping the encounter and thinking that it supports his argument.

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

    Quote Originally Posted by ThePlayDrive View Post
    The shooter did everything wrong and seems to have put his own life in danger in order to shoot his neighbor. He's also a moron for videotaping the encounter and thinking that it supports his argument.
    Oh he had an agenda if he went to his neighbors house with a gun and a video cam.

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

    Quote Originally Posted by dolphinocean View Post
    Man Claims Self Defense in Fatal Shooting of Neighbor | ABC News Blogs - Yahoo!



    Sounds like this guy is setting up a case of self-defense based on fearing for his life and "stand your ground". He took a gun to his neigbor's driveway with his camera while telling the police dispatcher on his cell phone that he is fearing for his life and standing his ground before the shooting.

    Did he shoot and kill his neighbor, an elementary school teacher, and wounded two others in self-defense? What do you think?

    Not self defense.

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