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pnwmom

(108,990 posts)
Wed Jun 13, 2012, 05:29 PM Jun 2012

Raul Rodriguez: "As long as you tell authorities you fear for your life, you can shoot (any) SOB."

The jury's deliberating in the Raul Rodriguez, "I'm standing my ground" case. This is the neighbor with the concealed weapons training that made him think it was okay to wave his gun at a bunch of noisy party-goers. Unfortunately, he ended up shooting three people and killing one of them -- and though none of them were armed, he claims self-defense.


http://www.click2houston.com/news/Jury-deliberates-in-trial-of-man-accused-in-party-shooting/-/1735978/14806792/-/t3dowc/-/index.html

During trial, prosecutors called a neighbor to the stand who poked holes in those self defense claims, and portrayed Rodriguez as trigger-happy.

Terri Hackathorn testified how Rodriguez often bragged about his arsenal of weapons and she recalled an “unusual conversation” she and Rodriguez had a couple of months before the shooting.

Hackathorn testified Rodriguez came to her home excited about a new gun he bought, and coaching her about Texas’ “stand your ground” laws.

“As long as you tell authorities you fear for your life, than you can shoot (any) son of a bi**h,” Hackathorn said Rodriguez told her.
http://www.khou.com/news/local/Prosecutor-in-stand-your-ground-trial-said-Rodriguez-was-neighborhood-bully--158947685.html

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Raul Rodriguez: "As long as you tell authorities you fear for your life, you can shoot (any) SOB." (Original Post) pnwmom Jun 2012 OP
Just call these laws what they are - "Right To Kill" Scootaloo Jun 2012 #1
That's how some people have been interpreting them. Hope this jury won't. n/t pnwmom Jun 2012 #2
So why was he arrested and charged if he had the right to kill? hack89 Jun 2012 #5
That is an excellent question. But why are you asking us? Seems like an important rhett o rick Jun 2012 #51
People keep saying SYG is a license to murder. hack89 Jun 2012 #68
He committed the murder because of the f'ing law. The law is a right-wing law. rhett o rick Jun 2012 #76
So he even though he had a history of threats and guns hack89 Jun 2012 #83
The law is a right-wing gift to bullies. Kill, kill, kill. Use those guns. Rid us of the rhett o rick Jun 2012 #100
As if no one ever faces charges when actually acting within the law? Scootaloo Jun 2012 #53
People are not charged unless they commit a crime. hack89 Jun 2012 #71
Deal bongbong Jun 2012 #78
So he did not commit a crime? hack89 Jun 2012 #87
You have no idea how the US legal system works. Scootaloo Jun 2012 #80
So if the prosecutor does not think I broke the law hack89 Jun 2012 #86
Being charged and being guilty are different things Scootaloo Jun 2012 #89
So do you think that SYG applies in this particular case? nt hack89 Jun 2012 #90
Apparently the jury didn't Scootaloo Jun 2012 #103
Neither did most everyone except the defendant. nt hack89 Jun 2012 #107
LOL (nt) jeff47 Jun 2012 #81
So why was he indicted if SYG gave him the legal right to commit murder? hack89 Jun 2012 #88
There's a couple of massively naive things here. jeff47 Jun 2012 #111
So what is the solution? hack89 Jun 2012 #114
SYG is not a self-defense law. SYG is a perversion of a self-defense law jeff47 Jun 2012 #115
What other "right" get's you put on trial for exercising it? 4th law of robotics Jun 2012 #10
Not sure I understand your point. This is a law that allows you to kill. One should have a great rhett o rick Jun 2012 #54
The person I was responding to called it a "right to kill" 4th law of robotics Jun 2012 #120
You are as crazy as he is if you think that is the intent or effect of those laws ProgressiveProfessor Jun 2012 #32
We'll see when the Jury reaches a decision, won't we? Scootaloo Jun 2012 #38
Jury has spoken...he is guilty ProgressiveProfessor Jun 2012 #117
Good. Scootaloo Jun 2012 #126
no... just an obvious consequence fascisthunter Jun 2012 #40
You're saying the poster is as crazy as the admitted killer, Rodriguez? Nice one. pnwmom Jun 2012 #56
Then put me down in the crazy category also. These laws will benefit the nitwits that have rhett o rick Jun 2012 #59
The Zimmerman case was similar. Another gun fanatic taking the law into his own hands. n/t pnwmom Jun 2012 #64
Someone here said this is not the intention of the law. rhett o rick Jun 2012 #66
I agree -- it IS important what the crazies think -- the law shouldn't support their craziness. n/t pnwmom Jun 2012 #77
And don't forget that poor girl in Alabama Art_from_Ark Jun 2012 #110
sounds like a license to kill quinnox Jun 2012 #3
And yet he was charged with murder - how is that possible? hack89 Jun 2012 #6
Via the magic of hysteria 4th law of robotics Jun 2012 #8
What if he doesn't go to jail? How many other violent idiots will feel empowered? n/t pnwmom Jun 2012 #20
So what? We should rewrite every law that a moron might misinterpret? TheWraith Jun 2012 #24
No, only the vague laws that make gun owners think it's okay to kill noisy neighbors. n/t pnwmom Jun 2012 #25
The law isn't at all vague. TheWraith Jun 2012 #28
Here's a gun shop owner and teacher of a CWP class who says Rodriguez followed the law. pnwmom Jun 2012 #29
I'd heard that a lot of these classes Scootaloo Jun 2012 #49
Golly, but you're defensive Scootaloo Jun 2012 #45
You're correct. I'm not indicting all gun owners -- I have relatives who own them. pnwmom Jun 2012 #46
Here in Florida, secondvariety Jun 2012 #37
Yes -- here's a link about the problems in Florida with this kind of law. pnwmom Jun 2012 #47
Here's a link to the whole series. secondvariety Jun 2012 #73
Thanks, secondvariety! pnwmom Jun 2012 #74
Many murderers have gotten off on a technicality 4th law of robotics Jun 2012 #121
well, if he walks, which wouldn't surprise me quinnox Jun 2012 #13
Yet the police and the prosecuter think he is a murderer hack89 Jun 2012 #15
This jury will be determining what the law means -- and the decision could be critical. n/t pnwmom Jun 2012 #18
No they don't hack89 Jun 2012 #35
Apparently he thought the law gave him the right to do what he did, meanit Jun 2012 #79
Criminals are stupid - that is why they are criminals hack89 Jun 2012 #85
The law is being interpreted differently by different people and different courts. pnwmom Jun 2012 #16
The verdict is irrelevant hack89 Jun 2012 #33
"Are you talkin' to me? You talkin' to me? You talkin' to me?" BANG BANG SHOOT SHOOT MagickMuffin Jun 2012 #4
Perhaps he should have consulted with a lawyer first 4th law of robotics Jun 2012 #7
Before that perhaps he should have done a little self-evaluation Blue_Tires Jun 2012 #19
The assumption that there's no one out there who actually WANTS to shoot someone/any one is a patrice Jun 2012 #9
Rodriguez is incorrect. OneTenthofOnePercent Jun 2012 #11
The law applies a reasonableness standard to SYG badtoworse Jun 2012 #12
In the Zimmerman case the police on the scene made the decision not to proceed rhett o rick Jun 2012 #62
What difference does that make? The law is still the law regardless of how the LEO's reacted. badtoworse Jun 2012 #84
The difference is that they thought that the law exonerated him. They didnt process him. rhett o rick Jun 2012 #99
The solution is to train better police officers. There's nothing wrong with the law. badtoworse Jun 2012 #106
Well we know that's not going to happen. The police like the law. rhett o rick Jun 2012 #112
We'll have to disagree about the need for the law badtoworse Jun 2012 #124
Yes we disagree. Thank you for the reasonable discussion which is becoming rhett o rick Jun 2012 #125
That is incorrect.. sendero Jun 2012 #91
Why didnt they drug test him or take evidence from him? nm rhett o rick Jun 2012 #98
Got another thread on Indiana's changes in their castle laws. Can shoot a cop, now. freshwest Jun 2012 #14
Isn't that crazy? I'm amazed that got through. nt pnwmom Jun 2012 #17
Every piece of ALEC legislation has that Libertarian Paradise in mind. freshwest Jun 2012 #22
Seriously? RW sites claim Somalia is a success? pnwmom Jun 2012 #26
I was reading it the other night... Thought I was going to barf. They had stats for personal and freshwest Jun 2012 #36
I loved your retort: pnwmom Jun 2012 #48
But they heard it on the radio! Must be true! Which is why they never have links.. freshwest Jun 2012 #61
No - it says that if a cop breaks the law and enters your house illegally hack89 Jun 2012 #93
Who says that? Who says what law is above the other? freshwest Jun 2012 #97
His statement sounds like black propaganda. slackmaster Jun 2012 #21
Here's a teacher of a concealed weapons class who supports his interpretation: pnwmom Jun 2012 #23
There is nothing wrong with Mr. Pruett's advice, and he's NOT saying you can shoot anyone... slackmaster Jun 2012 #27
He appears to be saying that Rodriguez said all the right things, and that made it okay. pnwmom Jun 2012 #30
I suspect it's a combination of a poorly thought out statement and sloppy reporting slackmaster Jun 2012 #34
In Florida no one seems to know exactly what their law means. pnwmom Jun 2012 #52
And let's ask ourselves; who's asking for these laws? Scootaloo Jun 2012 #55
Maybe they're just a diversion? pnwmom Jun 2012 #65
Nor will The One True Instructor speak in a Scottish accent. LanternWaste Jun 2012 #118
Did Pruett say he believed the shooting was justified? slackmaster Jun 2012 #119
Good link to the video. Did he "wave his gun at a bunch of noisy party-goers"? Why doesn't the AnotherMcIntosh Jun 2012 #31
You're right if you mean that no one was partying at the time he was pointing his gun at them. pnwmom Jun 2012 #42
No, I mean what I said. I'm simply a curious person who relies upon facts and objective evidence. AnotherMcIntosh Jun 2012 #57
What difference does it make whether he waved a gun at people or pointed a gun at people? pnwmom Jun 2012 #58
What difference? One is factually true. The other is not. An exaggeration undermines credibility. AnotherMcIntosh Jun 2012 #60
No, I believe the witnesses who said that he was waving his weapon. pnwmom Jun 2012 #63
You misrepresent my position. It is objectively true that he pointed his gun. I don't have to have AnotherMcIntosh Jun 2012 #67
It is impossible for him to have been "waiving his gun around." pnwmom Jun 2012 #70
You'll be happy to know that the jury just convicted him. AnotherMcIntosh Jun 2012 #69
Yes, I am glad. Thanks for telling me. How do you feel about the conviction? pnwmom Jun 2012 #72
Respectfully, I believe that the jury should have and did convict him on the evidence. AnotherMcIntosh Jun 2012 #75
Well, we agree on the outcome then. I guess I had less faith in the Texas jury than you did. pnwmom Jun 2012 #82
I would feel unsafe around any gun owner who actually believes brentspeak Jun 2012 #92
I'm confident that you will let us know if you discover any gun owners who believe that slackmaster Jun 2012 #105
That is a pathetic theory. Warren Stupidity Jun 2012 #108
I'm not advancing it as a theory. I simply said "sounds like." slackmaster Jun 2012 #113
No you advanced "Is he sacrifing himself in an effort to undermine the law?" Warren Stupidity Jun 2012 #116
exactly... now why exactly are people here defending SYG? fascisthunter Jun 2012 #39
It sells guns. The gun lobby supports anything that sells guns. McCamy Taylor Jun 2012 #43
yup...and the lives it takes to profit, are only statistics in the end fascisthunter Jun 2012 #96
They think this law will give them a convenient excuse Moses2SandyKoufax Jun 2012 #50
Thank You! fascisthunter Jun 2012 #95
This is not SYG. hack89 Jun 2012 #94
+1 obamanut2012 Jun 2012 #101
Note their new defense is that "this is not the true SYG". Warren Stupidity Jun 2012 #109
I now think DU is a place for right wing whacks with guns fascisthunter Jun 2012 #127
In video we see an armed guy tell three men with their hands in the air to get off their own McCamy Taylor Jun 2012 #41
Yeah, and we hear an armed guy tell a bunch of men with their hands in the air pnwmom Jun 2012 #44
Notice what he says obamanut2012 Jun 2012 #102
Yes, he was attempting to justify his future actions. HooptieWagon Jun 2012 #104
He thought he was being clever 4th law of robotics Jun 2012 #122
Thank you for pointing out the shooter was TRESPASSING! makokun Jun 2012 #123
Thanks for speaking up, makokun. And welcome to DU! n/t pnwmom Jun 2012 #130
but the whackos here will say this is defensible fascisthunter Jun 2012 #128
And Raul Rodriguez learned that only applies to Cerridwen Jun 2012 #129
 

Scootaloo

(25,699 posts)
1. Just call these laws what they are - "Right To Kill"
Wed Jun 13, 2012, 05:32 PM
Jun 2012

So long as you can conjure up some halfassed story about self-defense, you have a right to kill anyone you want.

hell, it works for cops. "I thought that naked man in his own home was going to kill me!"

hack89

(39,171 posts)
5. So why was he arrested and charged if he had the right to kill?
Wed Jun 13, 2012, 05:44 PM
Jun 2012

looks like he doesn't understand the law to me.

 

rhett o rick

(55,981 posts)
51. That is an excellent question. But why are you asking us? Seems like an important
Wed Jun 13, 2012, 07:35 PM
Jun 2012

item to make your point.

hack89

(39,171 posts)
68. People keep saying SYG is a license to murder.
Wed Jun 13, 2012, 08:10 PM
Jun 2012

that is impossible if the state of Texas thinks he commited murder and actually charged him with murder.

 

rhett o rick

(55,981 posts)
76. He committed the murder because of the f'ing law. The law is a right-wing law.
Wed Jun 13, 2012, 08:20 PM
Jun 2012

ALEC wrote these laws. They need to be repealed.

hack89

(39,171 posts)
83. So he even though he had a history of threats and guns
Wed Jun 13, 2012, 09:42 PM
Jun 2012

it is impossible to imagine him killing anyone before this law was passed? Really?

 

rhett o rick

(55,981 posts)
100. The law is a right-wing gift to bullies. Kill, kill, kill. Use those guns. Rid us of the
Wed Jun 13, 2012, 11:03 PM
Jun 2012

infidels. Use those 44 mags with bullets that destroy as much tissue as possible. Kill for God.

 

Scootaloo

(25,699 posts)
53. As if no one ever faces charges when actually acting within the law?
Wed Jun 13, 2012, 07:37 PM
Jun 2012

That's why there exists the verdict of "not guilty," Hack. You see a verdict of "not guilty" is an admission by the court that they could not prove beyond a reasonable doubt that an individual was acting outside the boundaries of law.

Being charged with a crime is pretty far-removed from actually being found guilty of a crime. You may want to continue reading the bill of rights beyond Amendment 2; most of the first ten amendments of the US constitution pertain to how the courts will function, and what citizen's rights and expectations are when charged with a criminal act.

hack89

(39,171 posts)
71. People are not charged unless they commit a crime.
Wed Jun 13, 2012, 08:13 PM
Jun 2012

so the state of Texas thinks he commited murder. So SYG does not apply in this vase - because SYG says the killing was justified and no crime was committed.

 

bongbong

(5,436 posts)
78. Deal
Wed Jun 13, 2012, 08:38 PM
Jun 2012

> People are not charged unless they commit a crime.

You know, I own a bridge that I don't need any more. You can buy it from me and make lotsa money by charging tolls! PM me for the details.

hack89

(39,171 posts)
86. So if the prosecutor does not think I broke the law
Wed Jun 13, 2012, 09:58 PM
Jun 2012

he will still indict me?

SYG is not a get out of jail card - do you at least agree with that.

 

Scootaloo

(25,699 posts)
89. Being charged and being guilty are different things
Wed Jun 13, 2012, 10:05 PM
Jun 2012

And do bear in mind that a similar law in Florida yielded similar results, and the authorities declines to press charges on that one; the vicissitudes of what a district attorney decides to prosecute or not don't seem to have any actual meaning with regard to whether something is legal or illegal.

THAT is decided by the courts.

hack89

(39,171 posts)
88. So why was he indicted if SYG gave him the legal right to commit murder?
Wed Jun 13, 2012, 10:00 PM
Jun 2012

did the prosecutor fuck up?

jeff47

(26,549 posts)
111. There's a couple of massively naive things here.
Thu Jun 14, 2012, 08:59 AM
Jun 2012

First, people get indicted for all sorts of things that are actually legal. That's kinda the point of having trials - to prove that the person actually committed a crime.

Second, SYG is a defense at trial. It's something the defense has to prove. A prosecutor may decide to not bring charges if they think they'll lose because of SYG, but they are still free to bring charges and see if the defense can pull off a SYG defense.

hack89

(39,171 posts)
114. So what is the solution?
Thu Jun 14, 2012, 09:15 AM
Jun 2012

we still have self defense laws and states without SYG laws routinely decide to not press charges in justifiable shootings so exactly how have SYG changed anything? Police, prosecutors and juries still decide whether a shooting is justified.

jeff47

(26,549 posts)
115. SYG is not a self-defense law. SYG is a perversion of a self-defense law
Thu Jun 14, 2012, 09:23 AM
Jun 2012

A justifiable shooting is one where you feel you are in imminent danger and there's no other option but to kill.

SYG takes away that "no other option" part. It means killing is your first option instead of your last.

The way to fix it is to return to our old justifiable homicide laws.

 

4th law of robotics

(6,801 posts)
10. What other "right" get's you put on trial for exercising it?
Wed Jun 13, 2012, 05:51 PM
Jun 2012

Do cops line up outside of polling stations to arrest everyone who votes?

 

rhett o rick

(55,981 posts)
54. Not sure I understand your point. This is a law that allows you to kill. One should have a great
Wed Jun 13, 2012, 07:37 PM
Jun 2012

deal of justification to kill. SYG laws are written to protect bullies.

 

4th law of robotics

(6,801 posts)
120. The person I was responding to called it a "right to kill"
Thu Jun 14, 2012, 11:11 AM
Jun 2012

the person in this article who exercised this "right" is now on trial for murder.

That doesn't sound like any other right that I know of. If you can be sent to jail for exercising it then it really isn't a right.

And the law allows you to kill *under a very specific set of conditions*. That's a key point. This guy was not actually at risk, he misunderstood the law, and now he's probably going to be punished for it.

That is not a license to murder.

 

Scootaloo

(25,699 posts)
38. We'll see when the Jury reaches a decision, won't we?
Wed Jun 13, 2012, 07:12 PM
Jun 2012

Do you think he would have felt secure to do this without those laws on the books, though? He pretty obviously planned to fall back on 'em as his defense.

ProgressiveProfessor

(22,144 posts)
117. Jury has spoken...he is guilty
Thu Jun 14, 2012, 10:05 AM
Jun 2012

The shooter was crackers...though it did not rise to the legal definition of insanity.

pnwmom

(108,990 posts)
56. You're saying the poster is as crazy as the admitted killer, Rodriguez? Nice one.
Wed Jun 13, 2012, 07:40 PM
Jun 2012

Your ignorance is showing, "Professor." That might not be the intent of those laws, but it is the effect of those laws.

Here's an article about the effect of similar laws in Florida, for your edification.

http://www.tampabay.com/news/publicsafety/crime/article1233133.ece

Those laws make people like Rodriguez feel justified in shooting anyone, as long as they say the "magic words."

Florida's "stand your ground'' law has allowed drug dealers to avoid murder charges and gang members to walk free. It has stymied prosecutors and confused judges. • It has also served its intended purpose, exonerating dozens of people who were deemed to be legitimately acting in self-defense. Among them: a woman who was choked and beaten by an irate tenant and a man who was threatened in his driveway by a felon.

Seven years since it was passed, Florida's "stand your ground" law is being invoked with unexpected frequency, in ways no one imagined, to free killers and violent attackers whose self-defense claims seem questionable at best.

Cases with similar facts show surprising — sometimes shocking — differences in outcomes. If you claim "stand your ground" as the reason you shot someone, what happens to you can depend less on the merits of the case than on who you are, whom you kill and where your case is decided.

SNIP

 

rhett o rick

(55,981 posts)
59. Then put me down in the crazy category also. These laws will benefit the nitwits that have
Wed Jun 13, 2012, 07:47 PM
Jun 2012

a chip on their shoulder and carry guns. Zimmerman is a great example. He had to follow Martin and who knows what else before he could claim self defense.

 

rhett o rick

(55,981 posts)
66. Someone here said this is not the intention of the law.
Wed Jun 13, 2012, 08:08 PM
Jun 2012

First, it is important what the crazies with guns think the intention is.

Second, the laws are drafted by ALEC. I would really like to know the "intention".

If you cut someone off on the hiway, is that a significant threat to justify shooting? More important, would a crazy with a gun think it is enough to satisfy the law?

pnwmom

(108,990 posts)
77. I agree -- it IS important what the crazies think -- the law shouldn't support their craziness. n/t
Wed Jun 13, 2012, 08:20 PM
Jun 2012

Art_from_Ark

(27,247 posts)
110. And don't forget that poor girl in Alabama
Thu Jun 14, 2012, 07:55 AM
Jun 2012

who was gunned down by SYG types who had criminal records

 

4th law of robotics

(6,801 posts)
8. Via the magic of hysteria
Wed Jun 13, 2012, 05:50 PM
Jun 2012

Idiot misreads law. Idiot acts on his misconception. Idiot goes to jail (likely).

Clearly this is proof that his initial understanding of the law was in fact accurate and we should all panic and make comparisons to the old west.

TheWraith

(24,331 posts)
24. So what? We should rewrite every law that a moron might misinterpret?
Wed Jun 13, 2012, 06:23 PM
Jun 2012

Should we strike down medical marijuana laws because somebody uses them to justify smuggling 1500 pounds of pot across the border from Mexico?

Hysteria is exactly the right word.

TheWraith

(24,331 posts)
28. The law isn't at all vague.
Wed Jun 13, 2012, 06:33 PM
Jun 2012

Except in the minds of people who want to use it to portray the hundred million gun owners in America as all being homicidal socioopaths because a number of guys you can count on one hand tried to get away with murder. Out of curiosity, are you willing to apply the same standard to the gay porn star in Canada who murdered his boyfriend, and say all gay people are psychotic cannibal rapists? No? Didn't think so.

pnwmom

(108,990 posts)
29. Here's a gun shop owner and teacher of a CWP class who says Rodriguez followed the law.
Wed Jun 13, 2012, 06:39 PM
Jun 2012

So Rodriguez isn't the only one. Anyone who took this guy's classes might agree with him.

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=805429

 

Scootaloo

(25,699 posts)
49. I'd heard that a lot of these classes
Wed Jun 13, 2012, 07:31 PM
Jun 2012

mostly involve learning ways to avoid prosecution if you use your weapon in some way you shouldn't. Having never taken one myself (CWP wouldn't do me any damn good; awfully hard to conceal a rifle, and a deer doesn't know what a gun looks like anyway) I've never been able to affirm this as more than a rumor.

Now I wonder.

 

Scootaloo

(25,699 posts)
45. Golly, but you're defensive
Wed Jun 13, 2012, 07:22 PM
Jun 2012

"Except in the minds of people who want to use it to portray the hundred million gun owners in America as all being homicidal socioopaths"

I believe the criticism is on a vaguely-worded Texas law that apparently makes at least some motherfuckers believe they have the right to kill whoever they want under the guise of "self-defense."

You choose to extrapolate this into an indictment of all gun owners, when that's not what is being said.

pnwmom

(108,990 posts)
46. You're correct. I'm not indicting all gun owners -- I have relatives who own them.
Wed Jun 13, 2012, 07:24 PM
Jun 2012

I am criticizing poorly written laws that encourage gun owners to think they can shoot noisy neighbors and get away with it. And, of course, I am criticizing Raul Rodriguez and any other gun owner who takes a life for no good reason.

secondvariety

(1,245 posts)
37. Here in Florida,
Wed Jun 13, 2012, 07:01 PM
Jun 2012

not only is the law vague, it's enforced so unevenly it's laughable. Drug dealers shooting it out get a pass, a guy who chases down a speeding motorist and confronts and shoots the motorist in his OWN driveway isn't even charged, a guy tailgates a pick up for miles, the pick up driver stops and walks up to the tailgaters window and... you know what happened.

pnwmom

(108,990 posts)
47. Yes -- here's a link about the problems in Florida with this kind of law.
Wed Jun 13, 2012, 07:28 PM
Jun 2012

I imagine you've already read this, but just in case . . .

http://www.tampabay.com/news/publicsafety/crime/article1233133.ece

Florida's "stand your ground'' law has allowed drug dealers to avoid murder charges and gang members to walk free. It has stymied prosecutors and confused judges. • It has also served its intended purpose, exonerating dozens of people who were deemed to be legitimately acting in self-defense. Among them: a woman who was choked and beaten by an irate tenant and a man who was threatened in his driveway by a felon.

Seven years since it was passed, Florida's "stand your ground" law is being invoked with unexpected frequency, in ways no one imagined, to free killers and violent attackers whose self-defense claims seem questionable at best.

Cases with similar facts show surprising — sometimes shocking — differences in outcomes. If you claim "stand your ground" as the reason you shot someone, what happens to you can depend less on the merits of the case than on who you are, whom you kill and where your case is decided.

SNIP

secondvariety

(1,245 posts)
73. Here's a link to the whole series.
Wed Jun 13, 2012, 08:17 PM
Jun 2012

Pretty good unbiased write up.



http://www.tampabay.com/stand-your-ground-law/

I especially like the guy who claimed SYG in killing a bear that was near his chicken coop. What a dope.

 

4th law of robotics

(6,801 posts)
121. Many murderers have gotten off on a technicality
Thu Jun 14, 2012, 11:15 AM
Jun 2012

or an incompetent jury.

That doesn't mean that murder is allowed.

The fact that he is being put on trial for this proves that the law does not explicitly give permission to commit murder just for the fun of it.

/how many people were emboldened by OJ's acquittal to murder their wives? I don't really want to get in to a debate on his guilt or innocence but it is a fact that many people *believed* he was guilty and got off. Ergo the state told those people that it is legal to murder your wife. Right?

 

quinnox

(20,600 posts)
13. well, if he walks, which wouldn't surprise me
Wed Jun 13, 2012, 05:54 PM
Jun 2012

in America, gun nut capital of the world, his words will then certainly ring true.

hack89

(39,171 posts)
15. Yet the police and the prosecuter think he is a murderer
Wed Jun 13, 2012, 06:02 PM
Jun 2012

so how can you argue that the law actually gives him the "right" to do what he did? The people who administer the law appear to disagree with you.

Juries come to inexplicable decisions all the time - they say nothing of the law that the defendant was charged with.

hack89

(39,171 posts)
35. No they don't
Wed Jun 13, 2012, 06:46 PM
Jun 2012

juries deliver inexplicable decisions every day. Prosecutors and grand juries along with appellate courts determine what the law means.

meanit

(455 posts)
79. Apparently he thought the law gave him the right to do what he did,
Wed Jun 13, 2012, 08:38 PM
Jun 2012

otherwise he wouldn't be trying to use it as a defense. But even if he is convicted of of being a murderer, people still got shot and killed. Even if you put away every loon who thinks they can start blasting away at people because SYG will absolve them, that means little to their innocent victims.

hack89

(39,171 posts)
85. Criminals are stupid - that is why they are criminals
Wed Jun 13, 2012, 09:45 PM
Jun 2012

they will always find a reason to justify their crimes.

pnwmom

(108,990 posts)
16. The law is being interpreted differently by different people and different courts.
Wed Jun 13, 2012, 06:09 PM
Jun 2012

This verdict will be very important.

hack89

(39,171 posts)
33. The verdict is irrelevant
Wed Jun 13, 2012, 06:44 PM
Jun 2012

if the law said he had the right to kill that man he would not have been charged in the first place. The police and the prosecutor think he is a murderer.

MagickMuffin

(15,951 posts)
4. "Are you talkin' to me? You talkin' to me? You talkin' to me?" BANG BANG SHOOT SHOOT
Wed Jun 13, 2012, 05:42 PM
Jun 2012

"Then who the hell else are you talkin' to? You talkin' to me? Well I'm the only one here. Who the fuck do you think you're talking to?"

"Seriously I had to shoot him, he was talking to me!"




Blue_Tires

(55,445 posts)
19. Before that perhaps he should have done a little self-evaluation
Wed Jun 13, 2012, 06:12 PM
Jun 2012

on even if he was emotionally fit to interact with people socially, and then wonder if he was responsible enough to own a gun...

patrice

(47,992 posts)
9. The assumption that there's no one out there who actually WANTS to shoot someone/any one is a
Wed Jun 13, 2012, 05:51 PM
Jun 2012

statistical absurdity.

 

OneTenthofOnePercent

(6,268 posts)
11. Rodriguez is incorrect.
Wed Jun 13, 2012, 05:52 PM
Jun 2012

There must be REASONABLE belief of imminent death or grievous injury. Meaning the police and DA must be convinced that reasonable person in the same situation would have a similar fear. Generally, for this to be true the assailant(s) must have means, opportunity, and a perceived motive.

 

badtoworse

(5,957 posts)
12. The law applies a reasonableness standard to SYG
Wed Jun 13, 2012, 05:52 PM
Jun 2012

IOW, the test is whether a reasonable person would believe their life was threatened. Based on what is known about this case, that seems unlikely

 

rhett o rick

(55,981 posts)
62. In the Zimmerman case the police on the scene made the decision not to proceed
Wed Jun 13, 2012, 07:56 PM
Jun 2012

as if Zimm had committed a crime. They assumed the law exonerated him.

 

rhett o rick

(55,981 posts)
99. The difference is that they thought that the law exonerated him. They didnt process him.
Wed Jun 13, 2012, 11:00 PM
Jun 2012

Didnt check for alcohol or drugs, etc.

 

rhett o rick

(55,981 posts)
112. Well we know that's not going to happen. The police like the law.
Thu Jun 14, 2012, 09:00 AM
Jun 2012

And besides training the police we will need to train the nitwits* that carry guns that think this law allows them to kill. Their definition of standing their ground is different than ours. This law is a solution for a problem that doesnt exist. As far as helping those that have to spend their life savings proving their innocence, no one should have to do that, regardless of the crime. It is not unique to victims of assault.

*I am not calling all gun owners or all those that carry guns, nitwits. I am referring to those that carry guns that are nitwits. I know a number myself. In fact no one that I know that has a permit to carry, should have a gun let alone carry one.

 

badtoworse

(5,957 posts)
124. We'll have to disagree about the need for the law
Thu Jun 14, 2012, 11:44 AM
Jun 2012

A person legitimately defending themselves should not have to worry about being sued by the person that assaulted him (or the family that survived him).

I also know people with CCW permits and I'm quite comfortable with their having them.

sendero

(28,552 posts)
91. That is incorrect..
Wed Jun 13, 2012, 10:10 PM
Jun 2012

... the police were going to arrest him, some DA come over and convinced them not to. The DA was probably influenced by Z's father.

freshwest

(53,661 posts)
14. Got another thread on Indiana's changes in their castle laws. Can shoot a cop, now.
Wed Jun 13, 2012, 05:55 PM
Jun 2012
If they get into your castle, it's a freebie.

Just following the new 'Do It Yourself,' in the tradition of 'American know-how.'

*Bang! Blows smoke away from gun...*

'See, I did it myself! We don't need these no-good cops to come around and interfere with our liberties.'

This segues nicely with the view that all cops are abusive. Coming together from both sides, see how it all works there?

Those cops were oppressing him. And paying for police officers, stations and patrol cars, and these sissy court trials cost a lot of tax payer money.

Let the private sector resolve all issues!



freshwest

(53,661 posts)
22. Every piece of ALEC legislation has that Libertarian Paradise in mind.
Wed Jun 13, 2012, 06:21 PM
Jun 2012

Remember the video mocking Somalia as a Libertarian Paradise?

RW sites now claim Somalia is a big success. No hospitals, Sharia law with overlords running everything, but just so nice and pastoral, really.

Just like they want America to be. It's a vision of a return to nature. Controlled by a few top dogs. Idyllic, isn't it?

freshwest

(53,661 posts)
36. I was reading it the other night... Thought I was going to barf. They had stats for personal and
Wed Jun 13, 2012, 06:56 PM
Jun 2012

Business success. I guess it would be, just tuck all those nasty civil liberties out of the way. I was following some links here that led to it. Got there and read it, they seemed to think it meant their model was a good thing. I think the comment was a reply to someone asking them to move there and leave us alone! Guess I should have saved it, but I don't think the feeling really is any different.

Consider home schooling - keep the government away from your kids. Then charter schools - make sure they get that religion mindset right. Keep voting down those school levies - those public schools teach your kids how to be gay.

Which is one I've argued with 'em for years. They claim children from the age of six are being forced to perform sex acts in class. Yes, they really believe this.
My explaining I lived in a gay-friendly, liberal area and it wasn't happening here, so why was it happening in their red area, got no answers.

Another one: Stop national healthcare - the government is promoting abortion! Listen to Alex Jones cheer his Tea Party, followers for passing anti-choice and transvaginal ultrasounds on those ignorant women who are being used to push the librul depopulation agenda. And they want to kill grandma and the disabled like Hitler. Rush has pushed that for literally 20 years - it's gotta be true! Obamacare + FEMA = Extermination!

Don't pay your taxes - that just gives the libruls more money to build their NWO and take away your Gawd-given rights. Oh, I could go on and on, but it's all out there and it's an alternate reality we ignore at our peril.

pnwmom

(108,990 posts)
48. I loved your retort:
Wed Jun 13, 2012, 07:31 PM
Jun 2012

"They claim children from the age of six are being forced to perform sex acts in class. Yes, they really believe this.

"My explaining I lived in a gay-friendly, liberal area and it wasn't happening here, so why was it happening in their red area, got no answers."

freshwest

(53,661 posts)
61. But they heard it on the radio! Must be true! Which is why they never have links..
Wed Jun 13, 2012, 07:53 PM
Jun 2012

It's just the voices of hate, reverberating inside their skulls... Ping, pong... Ding, dong... No wonder Beck is being paid millions every year.

Frightening thing is that they always vote. And I'm very scared of that!

Yeah, I spent years arguing with 'em. They live in a fact-free universe. When they really got frustrated, they'd just call for libruls to all be shot...

DU is a breath of fresh air most days...



hack89

(39,171 posts)
93. No - it says that if a cop breaks the law and enters your house illegally
Wed Jun 13, 2012, 10:19 PM
Jun 2012

he loses his LEO immunity to self defense laws.

Why should cops have absolute immunity to break the law?

freshwest

(53,661 posts)
97. Who says that? Who says what law is above the other?
Wed Jun 13, 2012, 10:57 PM
Jun 2012

What if the home owner doesn't agree with the law and feels that he is in within his rights to keep anyone out?

We have cases of police acting in ways what we consider illegal and they have been let go; they even go into people's houses and shoot and kill them when they've got the wrong address!

Where do we draw the line, is what I guess you're asking. If the front door is the line, then no one can come in. When the police raid a house, they are by law given authority to do so...

If you are discussing completely rogue cops are terrorizing someone, it appears this says they can shoot them. But cops can manufacture a case in court that they were there legally, that their actions were legal, so who decides? And at what moment does one decide?

You may not understand what I'm saying, and I'm not trying to start a fight. All I made the case for is that's where ALEC is leading us.

pnwmom and I have been talking about these things on several threads, so I don't expect you to understand the nuances of what my language there was, with no disrespect for you. But I don't do Gungeon threads and this is not one.

But I think many in our country, coming from different angles, may want the same thing in the end, just getting there in different ways. CT's say all the police are tools of the coming youknowwhat, and the rest of us want to be left alone.

There are as many reasons for opposing the laws and organizations that are doing things on the taxpayer dime as there are people in this country. EOM.

 

slackmaster

(60,567 posts)
21. His statement sounds like black propaganda.
Wed Jun 13, 2012, 06:17 PM
Jun 2012

That's certainly not something he was taught in a legitimate self-defense class.

Is he sacrifing himself in an effort to undermine the law?

pnwmom

(108,990 posts)
23. Here's a teacher of a concealed weapons class who supports his interpretation:
Wed Jun 13, 2012, 06:22 PM
Jun 2012
http://www.khou.com/home/Retired-firefighter-accused-of-killing-teacher-Video-proves-it-was-self-defense-157620465.html

After watching the video that was shown to jurors, a man who spent a decade teaching gun owners how to obtain concealed handgun permits defended the actions of Rodriguez.

“He told them to get back,” said Jim Pruett, the owner of Jim Pruett Guns and Ammo. “One of the first things you’re taught to say is I’m armed and my life is in danger. I promise you I will use my firearm to defend myself. He did all of those things.”
 

slackmaster

(60,567 posts)
27. There is nothing wrong with Mr. Pruett's advice, and he's NOT saying you can shoot anyone...
Wed Jun 13, 2012, 06:32 PM
Jun 2012

...that you feel like shooting regardless of the circumstances as long you say those magic words first.

pnwmom

(108,990 posts)
30. He appears to be saying that Rodriguez said all the right things, and that made it okay.
Wed Jun 13, 2012, 06:40 PM
Jun 2012

At least, that's how the reporter interpreted it.

 

slackmaster

(60,567 posts)
34. I suspect it's a combination of a poorly thought out statement and sloppy reporting
Wed Jun 13, 2012, 06:44 PM
Jun 2012

Anyone who is a real instructor knows what the law means, and it certainly doesn't mean what Rodriguez said.

pnwmom

(108,990 posts)
52. In Florida no one seems to know exactly what their law means.
Wed Jun 13, 2012, 07:35 PM
Jun 2012

Do you think the law is really that much clearer in Texas?

http://www.tampabay.com/news/publicsafety/crime/article1233133.ece

Florida's "stand your ground'' law has allowed drug dealers to avoid murder charges and gang members to walk free. It has stymied prosecutors and confused judges. • It has also served its intended purpose, exonerating dozens of people who were deemed to be legitimately acting in self-defense. Among them: a woman who was choked and beaten by an irate tenant and a man who was threatened in his driveway by a felon.

Seven years since it was passed, Florida's "stand your ground" law is being invoked with unexpected frequency, in ways no one imagined, to free killers and violent attackers whose self-defense claims seem questionable at best.

Cases with similar facts show surprising — sometimes shocking — differences in outcomes. If you claim "stand your ground" as the reason you shot someone, what happens to you can depend less on the merits of the case than on who you are, whom you kill and where your case is decided.

SNIP

 

Scootaloo

(25,699 posts)
55. And let's ask ourselves; who's asking for these laws?
Wed Jun 13, 2012, 07:39 PM
Jun 2012

THey don't just get conjured up out of thin air, after all.

pnwmom

(108,990 posts)
65. Maybe they're just a diversion?
Wed Jun 13, 2012, 08:03 PM
Jun 2012

They'd like to keep basically powerless people fighting each other so they don't notice who the real enemy is.

 

LanternWaste

(37,748 posts)
118. Nor will The One True Instructor speak in a Scottish accent.
Thu Jun 14, 2012, 10:22 AM
Jun 2012

"Anyone who is a real instructor..."

Nor will The One True Instructor speak in a Scottish accent.

 

AnotherMcIntosh

(11,064 posts)
31. Good link to the video. Did he "wave his gun at a bunch of noisy party-goers"? Why doesn't the
Wed Jun 13, 2012, 06:40 PM
Jun 2012

video show that?

Do you have another video, one showing that he was waving "his gun at a bunch of noisy party-goers"?

pnwmom

(108,990 posts)
42. You're right if you mean that no one was partying at the time he was pointing his gun at them.
Wed Jun 13, 2012, 07:19 PM
Jun 2012

They were too busy holding their hands above their heads.

But the video doesn't show him pointing his gun because he was the one holding the video, as you know.

 

AnotherMcIntosh

(11,064 posts)
57. No, I mean what I said. I'm simply a curious person who relies upon facts and objective evidence.
Wed Jun 13, 2012, 07:41 PM
Jun 2012

When a claim goes beyond the objective fact that Rodriguez pointed a gun by saying,

This is the neighbor with the concealed weapons training that made him think it was okay to wave his gun at a bunch of noisy party-goers.,

and when I have no knowledge of my own that he "waived" a gun, I would just like the person that has made that claim to share their evidence with me.

When I have not been exposed to any evidence that he "waived" a gun around, is it unfair for me to ask for any evidence?

Why isn't the fact that he pointed a gun enough?

pnwmom

(108,990 posts)
58. What difference does it make whether he waved a gun at people or pointed a gun at people?
Wed Jun 13, 2012, 07:43 PM
Jun 2012

Neither one of them is an acceptable response to unarmed people whose only "crime" is making too much noise at a party. (Except, of course, that the police had already investigated the complaint and decided that they weren't making too much noise!)

I do, however, wish that he "waived" his "right" to use a gun at all.

Edit to add:

I just watched the video again. He says: "they say I'm waving my weapon, and I'm not."

So the witnesses and victims at the time said he was waving the gun. He disagreed. I know who I believe -- the non-crazy people.

http://www.khou.com/video/featured-videos/Caught-on-video-Fight-leading-to-teachers-shooting-death-157623505.html

pnwmom

(108,990 posts)
63. No, I believe the witnesses who said that he was waving his weapon.
Wed Jun 13, 2012, 07:57 PM
Jun 2012

You believe him that he wasn't. Your statement can't be proven to be any more "factually true" than mine.

On the video, HE says: "they say I'm waving my weapon, and I'm not."

So the witnesses and victims at the time said he was waving the gun. He disagreed. I know who I believe -- the non-crazy people.

http://www.khou.com/video/featured-videos/Caught-on-video-Fight-leading-to-teachers-shooting-death-157623505.html

 

AnotherMcIntosh

(11,064 posts)
67. You misrepresent my position. It is objectively true that he pointed his gun. I don't have to have
Wed Jun 13, 2012, 08:09 PM
Jun 2012

any belief one way or another as to whether he was "waiving his gun around."

pnwmom

(108,990 posts)
70. It is impossible for him to have been "waiving his gun around."
Wed Jun 13, 2012, 08:13 PM
Jun 2012

Absolutely impossible.

However, he himself said that others were claiming that he was "waving his gun around." That's why I used the phrase. If you want to split hairs about "waving" vs. "pointing," fine. I'll concede.

But I'll fight to the death my point that I never said he was "waiving" anything.

 

AnotherMcIntosh

(11,064 posts)
75. Respectfully, I believe that the jury should have and did convict him on the evidence.
Wed Jun 13, 2012, 08:19 PM
Jun 2012

Different people respond differently. Because of your question, I'll just answer by saying that I am an INTJ and you will run into more like me.

This explains how to handle INTJs.
http://thomaslauer.com/start/How_to_handle_an_INTJ

pnwmom

(108,990 posts)
82. Well, we agree on the outcome then. I guess I had less faith in the Texas jury than you did.
Wed Jun 13, 2012, 09:37 PM
Jun 2012

Now I'm going to read about INTJ's.

brentspeak

(18,290 posts)
92. I would feel unsafe around any gun owner who actually believes
Wed Jun 13, 2012, 10:15 PM
Jun 2012

that Rodgriguez committed a murder -- and long preceded that murder with deliberately bizarre statements -- in an attempt to undermine the Stand Your Ground laws.

 

slackmaster

(60,567 posts)
105. I'm confident that you will let us know if you discover any gun owners who believe that
Thu Jun 14, 2012, 12:29 AM
Jun 2012

I believe that Rodriguez is a dumbass who says stupid things as most dumbasses do.

 

slackmaster

(60,567 posts)
113. I'm not advancing it as a theory. I simply said "sounds like."
Thu Jun 14, 2012, 09:03 AM
Jun 2012

It was just a lame attempt at a criminal defense.

 

Warren Stupidity

(48,181 posts)
116. No you advanced "Is he sacrifing himself in an effort to undermine the law?"
Thu Jun 14, 2012, 09:55 AM
Jun 2012

as a theory and that is pathetic.

 

fascisthunter

(29,381 posts)
39. exactly... now why exactly are people here defending SYG?
Wed Jun 13, 2012, 07:18 PM
Jun 2012

are they tapped in the head? Or just plain stupid?!

 

fascisthunter

(29,381 posts)
96. yup...and the lives it takes to profit, are only statistics in the end
Wed Jun 13, 2012, 10:30 PM
Jun 2012

reminds me of something Stalin said, long ago.

Moses2SandyKoufax

(1,290 posts)
50. They think this law will give them a convenient excuse
Wed Jun 13, 2012, 07:32 PM
Jun 2012

to live out their violent revenge fantasies.

These laws protect and enable passive-aggressive cowards.

hack89

(39,171 posts)
94. This is not SYG.
Wed Jun 13, 2012, 10:21 PM
Jun 2012

we are not defending his actions - just like the state of Texas, we believe he committed murder.

 

Warren Stupidity

(48,181 posts)
109. Note their new defense is that "this is not the true SYG".
Thu Jun 14, 2012, 07:11 AM
Jun 2012

Also there is no 2nd to hide behind here, so defending SYG is right out in the open as rightwing nuttery, Hollywood Cowboy Culture Gun Infatuation.

 

fascisthunter

(29,381 posts)
127. I now think DU is a place for right wing whacks with guns
Sat Jun 16, 2012, 09:57 PM
Jun 2012

and DLC stooges who are allowed to mold opinion on Du with impunity.

McCamy Taylor

(19,240 posts)
41. In video we see an armed guy tell three men with their hands in the air to get off their own
Wed Jun 13, 2012, 07:19 PM
Jun 2012

driveway or he will shoot them. I thought trespass was a crime in Texas. So, how can he trespass and expect to get away with telling the property owners to get off their own land? Plus, their hands are clearly in the air, until he drops the camera just moments before shooting. To me, this means he did not want us to see him shooting guys with their hands in the air. Because if he brought the camera to record them attacking him, he would have kept it rolling while they were attacking him, right?

pnwmom

(108,990 posts)
44. Yeah, and we hear an armed guy tell a bunch of men with their hands in the air
Wed Jun 13, 2012, 07:22 PM
Jun 2012

how afraid he is of them.



I also love the part where the says someone's talking to the police, so there must be a drunk cop, too.

 

HooptieWagon

(17,064 posts)
104. Yes, he was attempting to justify his future actions.
Thu Jun 14, 2012, 12:28 AM
Jun 2012

He brought the camera to get it on tape, along with his gun. He went there intending to shoot someone. Premeditated. First degree murder.

 

4th law of robotics

(6,801 posts)
122. He thought he was being clever
Thu Jun 14, 2012, 11:18 AM
Jun 2012

saying the right things while recording it because he thought that's all the law demanded.

He wasn't nearly as clever as he thought he was though.

 

makokun

(57 posts)
123. Thank you for pointing out the shooter was TRESPASSING!
Thu Jun 14, 2012, 11:43 AM
Jun 2012

Thank you for pointing out the fact that this shooter was trespassing. My wife knew the guy who was killed from high school as well as others at the party. The idiot neighbor had a history of run-in's with people in the neighborhood. The party was being held on the teacher's property. Rodriguez trespassed and confronted the teacher on the teacher's property and shot him...again, ON HIS OWN PROPERTY. This moron thought he had some magic words to get away with it. It being Texas, Rodriguez should get the needle for this. Fuck him.

Cerridwen

(13,260 posts)
129. And Raul Rodriguez learned that only applies to
Sat Jun 16, 2012, 10:00 PM
Jun 2012

those with Caucasian names and skin "color".

Surprise!

Latest Discussions»General Discussion»Raul Rodriguez: "As ...