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Man claims self-defense in fatal shooting of a neighbor

dolphinocean

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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?
 
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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.
 
Why would you be a gun to your neighbor's house over a noise violation? Just stay home and call the cops.
 
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:

527692_410039162374783_157615940_n.jpg
 
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.
 
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.
 
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.
 
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.
 
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.
 
Exactly.. the guy is nuts.


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.
 
This is my big argument, both in this case and (possibly) the Zimmerman case:

How can you claim self-defense when you willfully and intentionally place yourself in a situation where a logical person would recognize a threat to safety? If you instigate a confrontation outside of your home, you are willfully and intentionally placing yourself at risk for potential threats to your safety. To then claim self-defense when those threats manifest is like playing catch with expensive crystal and being outraged when you drop and break it.
 
yeah, uhm sounds like this:



"There is an episode of the Simpsons in which, after enduring particularly egregious torment from Bart, Lisa responds with the following: “Well, I’m just going to start kicking my legs like this, and if you happen to get in the way, that’s your problem!” To which Bart then replies, “Oh yeah? Well I’m just going to start swinging my arms like this, and if I happen to hit you, that’s your fault!” ."
 
This is my big argument, both in this case and (possibly) the Zimmerman case:

How can you claim self-defense when you willfully and intentionally place yourself in a situation where a logical person would recognize a threat to safety? If you instigate a confrontation outside of your home, you are willfully and intentionally placing yourself at risk for potential threats to your safety. To then claim self-defense when those threats manifest is like playing catch with expensive crystal and being outraged when you drop and break it.

The incident in the OP is NOTHING like the Martin-Zimmerman case.
 
The incident in the OP is NOTHING like the Martin-Zimmerman case.

Even according to Zimmerman's accounts, there are similarities.

In both cases, the shooter felt that a law was being broken.
In both cases, the shooter contacted 911.
In both cases, the shooter approached/put themselves in sight of the alleged "criminal".
In both cases, the shooter ignored logic potential threats to their own safety in order to "handle" a "criminal situation".

But yeah, sure...nothing alike at all.
 
Did he shoot and kill his neighbor, an elementary school teacher, and wounded two others in self-defense?

No....

If you don't know what your state law is you might be opening yourself up to liability OR actually handcuffing yourself and giving an advantage to an aggressor just because you don't know the rules.
 
Even according to Zimmerman's accounts, there are similarities.

In both cases, the shooter felt that a law was being broken.
In both cases, the shooter contacted 911.
In both cases, the shooter approached/put themselves in sight of the alleged "criminal".
In both cases, the shooter ignored logic potential threats to their own safety in order to "handle" a "criminal situation".

But yeah, sure...nothing alike at all.

This case has nothing to do with, the Zim case

Zim WAS NEVER on private propety
 
This case has nothing to do with, the Zim case

Zim WAS NEVER on private propety

It doesn't matter that this guy was on private property and Zimmerman was not in terms of the reference I was making. Both men put themselves into situations that created a "need" for self-defense. Had they chosen a less aggressive means of handling their respective situations, neither would have had need to defend themselves from a physical threat. Zimmerman actively followed Martin for quite some time, going so far as to get out of his vehicle to track him on foot. The guy in this article walked into the yard of a neighbor. Both of those choices were just that, choices. Had those choices not been made, neither man would have had "need" to shoot. That's the point. Sorry you missed it.
 
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.
Why do you have to make this into Martin/Zimmerman debate while nobody else before you did? Stay on course and on topic, will ya?
 
yeah, uhm sounds like this:

"There is an episode of the Simpsons in which, after enduring particularly egregious torment from Bart, Lisa responds with the following: “Well, I’m just going to start kicking my legs like this, and if you happen to get in the way, that’s your problem!” To which Bart then replies, “Oh yeah? Well I’m just going to start swinging my arms like this, and if I happen to hit you, that’s your fault!” ."

That's a really funny episode actually.
 
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?

If someone is afraid for their life they don't go TOWARDS the object that is making them afraid for their life.

The guy was obviously in the wrong here. At least from the information given.
 
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.

Listen to yourself... are you crazy/

Of course I would have called the cops if I thought someone was stlking me.. and I am not 17.
 
He's also a moron for videotaping the encounter and thinking that it supports his argument.

By far my favorite part of this story. What a fool. :)

"Hey I think I'll go cap my neighbors for being too loud... better take my video camera so the state has all the evidence they need against me".

I mean... just... wow.
 
Aggression runs a muck....
 
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