Man Claims Self Defense In Fatal Shooting

[MJS]

Perhaps this topic will be a bit more 'chat worthy'. This, IMO, is very similar to the Zimmerman case.

http://gma.yahoo.com/blogs/abc-blog...-neighbor-115652180--abc-news-topstories.html

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.
"This is a difficult defense to mount," says Dana Cole, legal analyst and defense attorney. "He had no injury, he brought a gun to a noise complaint, and it appeared he was escalating it, by baiting the party-goers."
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.
"Look, I'm not losing to these people anymore," Rodriguez said. "I'm just totally going to stay back, because they're drunk, they're…"

Rodriguez is interrupted by wild laughter, and then the sound of gunfire, before the tape stops as Rodriguez is tackled to the ground. In addition to the shot that killed Danaher, Houston Fire Capt. Ricky Johnson and Marshall Stetson received multiple gunshot wounds after the camera stopped recording. Rodriguez, a father of six, walked away from the incident unharmed.
The trial is expected to last about a week.

The following is just my opinion/observation from what I've read and from the video. Since the caller was on the phone with the police, IMO, I think he'd have been better off to just let them take care of it, rather than walk over and confront the people. I think that by taping, as well as having a weapon, escalated the situation. Hey, perhaps they'd have still swore at him and given him a hard time, if he just walked over and nicely asked them to quiet down, who knows.

 

[ballen0351]

I think the major difference between this and Martin case is both Martin and Zimmerman had equal right to be where they were a public side walk. This guy walked onto private property. Had he shown up in my yard with a gun there would have been no conversation he would have just been DRT.

 

[oftheherd1]

I think the major difference between this and Martin case is both Martin and Zimmerman had equal right to be where they were a public side walk. This guy walked onto private property. Had he shown up in my yard with a gun there would have been no conversation he would have just been DRT.

I think you are correct. Walking to someone else's property uninvited, with a weapon, and acosting the people there with the gun in view, is going to be difficult for the defense. But a lot will depend on Texas law which I don't know.

 

[MJS]

Agreed with the last 2 posters. I am not an authority on Texas gun laws, however, I fond this:

http://crime.about.com/od/gunlawsbystate/a/gunlaws_tx.htm

A person commits an offense of unlawfully carrying a weapon if the person intentionally, knowingly, or recklessly carries a handgun on or about his or her person unless the person is on one’s own premise or premises under the person’s control or inside of or directly en route to a motor vehicle that is owned by the person or under the person’s control.

If I"m reading/understanding this correctly, I would say that Mr. Rodriguez was in the wrong. On the flip side, the other guy would've been in the wrong as well:

It is unlawful for a handgun license holder to carry a handgun while intoxicated.

It also seems like both parties would be in the wrong with the things listed on page 2 under the Misc. section.

Also found this:
http://www.texas-on-line.com/gun.html

 

[ballen0351]

I also think there is more to it reading the shooter was a former firefighter and 2 people shot were also firefighters might be some other history here

 

[Nomad]

Why do I have the feeling that both the defense and the prosecutors see the video as the key to their case? I think self-defense is a really tough justification in this case (based on the excerpt above).