Texas Man Faces Murder Charge for Shooting Neighbor, Claims He Was ‘Standing His Ground’
- Posted on June 10, 2012 at 4:19pm by
Christopher Santarelli
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(AP) — When music at a neighbor’s evening party got too loud for his liking, Raul Rodriguez showed up to complain, carrying a gun and a video camera.
As a verbal confrontation unfolded, the retired Houston-area firefighter told a police dispatcher by phone that he feared for his life and was “standing his ground,” a reference that calls to mind the law at the center of the Trayvon Martin slaying in Florida in February.
The incident involving Rodriguez happened two years before Martin’s death and will be decided under a different kind of self-defense doctrine. But it offers another example of how laws governing deadly force are tested in the nation’s courtrooms and the many complex legal issues that swirl around each case.
Prosecutors call Rodriguez an aggressor who could have safely left his neighbor’s driveway anytime. His defense attorneys insist Texas law still gave him the right to defend himself, even if it meant taking a life.
In a 22-minute video that he recorded that night, Rodriguez can be heard talking to a police dispatcher after walking over to the home of Kelly Danaher to complain about the noise. Both men lived in Huffman, an unincorporated area about 30 miles northeast of Houston.
Rodriguez told the dispatcher he feared for his life. He can also be heard telling Danaher and two other men to keep the noise down. One of the men, who had apparently seen Rodriguez’s gun, cursed at Rodriguez and suggested that he was going to go inside Danaher’s home and retrieve his own weapon.
“Look, I will defend myself, sir. … It’s about to get out of hand, sir. Please help me. Please help me, sir. My life is in danger now,” Rodriguez can be heard saying on the recording, which was played for jurors this week. The images are mostly dark or in shadow.
“I’m standing my ground here. Now these people are going to go try and kill me.”
Rodriguez, 47, eventually tells the dispatcher, “Look I’m not losing to these people anymore.” A loud cackling laugh is then heard before someone appears to reach for the camera and a gun goes off. That’s when the video abruptly ends. Rodriquez’s graphic video from KHOU:
Danaher, 36, who taught physical education at an elementary school, was killed. The two other men were wounded.
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.”
Johnson attempted to introduce evidence showing that Rodriguez had a history of threatening neighbors by brandishing his gun. But state District Judge David Mendoza did not allow the evidence.
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.
“We are not questioning his wisdom,” Scheiner said. “We are questioning whether he followed the restriction of the law.”
Scheiner believes prosecutors will have a hard time overcoming the precedent of a 2007 case involving another Houston-area resident, Joe Horn, who was not charged by a grand jury for fatally shooting two men he suspected of burglarizing a neighbor’s home.
“Joe Horn didn’t get indicted. It’s going to be hard to convict somebody in these circumstances,” he said.
But Jimmy Ardoin, another Houston criminal defense lawyer, believes Rodriguez’s lawyers have the tougher challenge — convincing jurors that his actions fit any of the exceptions for deadly force under Texas law.
“I’m not sure that if the jury believes he initiated the confrontation, he will get the protection of self-defense laws,” he said.
Sandra Guerra Thompson, a criminal law professor at the University of Houston Law Center, said stand-your-ground laws are encouraging more people to take matters into their own hands instead of waiting for authorities.
“I guess under the law, we’ve made a decision that people can go out and do this,” she said. “Do we really want to encourage people to use force in this manner in these kinds of situations or do we want to encourage them to call the police?”
Scheiner acknowledged there are examples where the use of deadly force goes too far. But he doesn’t think that will prompt lawmakers to revise or pull back stand-your-ground laws.
“The clear trend in American law is to expand the rights of people to protect themselves by using deadly force,” he said.
KHOU reports that other neighbors of Rodriguez say he was “always paranoid,” and according to the president of the Baytown Firefighters Union; Rodriguez was the first and only firefighter voted out of their union. The president claimed that the union felt Rodriguez was divisive, prejudiced and always thought people were out to get him.
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Comments (146)
geomann
Posted on June 10, 2012 at 7:31pmHe was standing ground alright…someone else’s ground.
It would be similar to someone going into a bank, and showing the security gaurd a gun. Then when the gaurd pulled his gun, shoot and claim standing his ground.
Do not pass go, go directly to jail…
Report Post »Jeffrey777
Posted on June 10, 2012 at 7:39pmSee the line in the street where his truck is?????? That’s where he was standing. I think half the people on here do not even watch the video.
Report Post »lukerw
Posted on June 10, 2012 at 8:27pmOn the Count of 3… Draw & Fire. Bring back the Dueling Code… it was as fair as Fair can be in this Reality!
Report Post »Jaycen
Posted on June 11, 2012 at 1:11amIt was clear Rodriguez was in the street, not on someone else’s property. These guys could have stayed on their own property. They could have come into the street. The second they touched him he had every right to pull the trigger. And he did.
It sounds to me like these guys were asking for a confrontation. The reply of “What’s it hurt?!” to his request for them to turn down the music indicated they were happy to cause their neighbor grief. When they got the confrontation they wanted, it just didn’t turn out like they figured. Now their friend is dead as a result.
Report Post »Jaycen
Posted on June 11, 2012 at 2:20amHey, cogito ergo sum.
I have to ask you a couple of questions. First, are you aware that Rene was using Cogito Ergo Sum to prove the existence of God? Moronic, since that’s not possible. Eventually, he just takes a leap of faith in his treatise, but that’s what belief in God is – Faith. I ask, because based on your comments, I‘m betting you and I don’t have much in common in terms of our life philosophy.
Second, you’ve been advocating that Rodriguez should have sat down, shut up, and waited for the government to “do something”. My argument to people like you is to point at 9/11.
Three airliners full of Americans sat down, shut up and waited for the government to “do something”. You want some 9/11-truth? The truth is those people were complicit in the murder of 3,000 of their fellow citizens.
One airplane full of Americans didn’t sit down, and they didn’t shut up, and they sure as hell didn’t wait for the government to do something. They saved the lives of a lot of people in the White House that day, and those Americans on that plane were HEROS.
Anyone who says “he should have…” without first watching the video is just vomiting more anti-American garbage. To hell with people like you.
Report Post »loriann12
Posted on June 11, 2012 at 5:49amI think there is more to this story. Were the other men white, while the shooter was Hispanic? Did they others have a history of wild parties and not listening to neighbors asking them to turn it down? Rodriguez was the first voted out of the union? I’ve never heard of the union letting anyone go because they want the dues. They claim he was prejudiced….did he have a history of taking things too personally? I’ve known people who had a chip on their shoulders and walked around daring people to knock it off. On the surface it sounds to me like Rodriguez went looking for a fight, but the comment that he wasn’t going to back down this time bothers me. I live near Dallas, and at least up here everyone panders to the Hispanics, so I can’t see why he would feel everyone was out to get him. and besides, if the neighbors won’t quiet down, call the police and let them handle it.
Report Post »Blazebanned
Posted on June 11, 2012 at 5:50amSorry guys,you cant “stand your ground” here,but you cant pursue.The guy “left” his property, to go to his neighbors “property,essentially tresspassing, and provoking the altercation.The guy was wrong…and the needle awaits…..
Report Post »WILLPENN
Posted on June 11, 2012 at 7:38am@LORIANN12
“…if the neighbors won’t quiet down, call the police and let them handle it.”
You are exactly right. With this statement you succinctly illustrate the challenge that Rodriguez faces with his defense. The solution was simple, call the police. I have a CWP and I never would have carried into this situation, even if I had decided to personally request that the neighbors quiet down. What Rodriguez did was inexcusable.
Report Post »Jeffrey777
Posted on June 11, 2012 at 8:26amMuch more detailed video and interesting comments at the end from couple of old gun guys, that teach ccl classes. http://www.youtube.com/watch?v=t0hzt1saKsY
Report Post »The truck apparently was the party guys carrying a few more threats that pulled up.
DTR
Posted on June 11, 2012 at 8:47amI will say that not everyone here is an expert on Texas gun laws.
1.) It is very clear in the video that he is in the street, not trespassing on another person’s property. at 0:17, you can see the white line on the road, indicating that he is outside of the property line.
2.) The Texas Stand Your Ground Law is not justified only to your property. If you are anywhere (and not trespassing), you can defend yourself with deadly force if you feel your life is in danger. There is no provision for if the person threatening you is armed or not because of the fact that anyone can be deadly with just their hands. For all Mr. Rodriguez knew, that man could have been a master at Wing Chun, Jujitsu, Hapkido, and Drunken Fist. If he honestly feared for his life (which by the shakiness of his voice, you can definitely make a case for that), he has every right to squeeze the trigger.
3.) On a personal note, I’m very disappointed at DA Pat Lykos for allowing this to go to trial. I do believe that he is justified in this shooting and I hope and pray that he is found Not Guilty. While it is a horrible tragedy and my heart goes out to the victim’s family and friends, he was in the wrong and the consequences were dire.
Report Post »JRook
Posted on June 11, 2012 at 10:18amOnce again people here conveniently start the discussion from the point that supports their position. The issue is why he did not call the police in the first place to report the noise and disturbance. Walking over the house and confronting them with a weapon is to initiate a confrontation. The persons actions that initiate and then escalate a confrontation are relevant. There is no stand your ground here.
Report Post »dblaess
Posted on June 11, 2012 at 2:25pm@JRook
Report Post »Posted on June 11, 2012 at 10:18am
Once again people here conveniently start the discussion from the point that supports their position. The issue is why he did not call the police in the first place to report the noise and disturbance. Walking over the house and confronting them with a weapon is to initiate a confrontation. The persons actions that initiate and then escalate a confrontation are relevant. There is no stand your ground here.
———————————————————————————————————-
Just as you also start your discussion from a point of view that supports your position. Get real. This is not stand your ground, this is an attempt to use the stand your ground as a defense. Let the legal system work and you will see a fair judgement. Next you will try to use this stand your ground defense as something to use against Mr. Zimmerman, who you have already tried outside the legal system.
Jeffrey777
Posted on June 10, 2012 at 7:03pmListen to the very end. Louder laughing occurs like they are right up on him, scuffling is heard and BAM. No more laughing. He gave plenty of warnings and was obviously not on their property. Everyone and myself said they would not have gone over to the house with or without sidearm. That doesn’t make a bit of difference. He did and was still within his rights to do so.
Report Post »Come on guys. I thought you people supported gun rights. WTF!!!!
Melika
Posted on June 10, 2012 at 7:49pm“Gun rights” means personal responsibility and a right to defend oneself, it doesn’t mean you get to pick a fight with someone, then claim self defense. He went looking for a fight and this moron thought the act he put on in front of his own camera would get him released immediately.
Report Post »Jeffrey777
Posted on June 10, 2012 at 7:57pmFrom the video it appears they were “picking the fight” despite him warning them multiple times to get back. One guy I assume is dead now, was puffing up and posturing like his muscles could stop the bullet.
Report Post »Its Darwinism baby when the stupid, drunks go after a visibly armed citizen who is STANDING IN THE STREET yelling at them to get away from him.
Morris21654
Posted on June 10, 2012 at 8:02pmGun rights should go to people who know the right way to use their guns. Seems to me that using your gun the right way in this case would be to turn around and go back to your own home, call the cops and put the gun away. You disagree?
Report Post »macpappy
Posted on June 10, 2012 at 8:35pmThere is a big difference in being Pro Gun and supporting some bully with a gun that thinks that he has a right to murder another human being. Music too loud, send his ass to prison where he belongs
Report Post »Jeffrey777
Posted on June 10, 2012 at 10:59pmMACPAPPY, really???? watch the video and you will see the bullies right across the street from Rodriquez. Did Rodriquez rush at them with the gun or did they rush Rodriquez. Sounds like they rushed him laughing all the way in if you listen carefully to the video. He stood his ground correctly, drew his gun when they approached toward him while in the street and possibly in his own yard or driveway if you look at the video. And for gods sake how many warnings did your so called bully give these drunks.
Report Post »I think more than 4.
Jaycen
Posted on June 11, 2012 at 1:29am@Morris21654
I just wanted to personally thank you for striking a blow against Natural Rights in the name of Progressive Socialism.
Well done.
Report Post »Jaycen
Posted on June 11, 2012 at 1:33am@macpappy
Did. You. Watch. The. Video?
Rodriguez was no bully. In fact, I don’t understand how anyone can watch that video and take that thought away from the incident. The three men (1 dead, 2 misses) were clearly the bullies in this engagement.
This simple step-by-step might help you in the future:
1. Turn on brain.
Report Post »2. Shift brain from neutral to first (1st) gear.
3. Enjoy the sensation of “thinking”.
MAMMY_NUNN
Posted on June 11, 2012 at 2:24amHad a similar problem with kids on dirt bikes running 50Ft from my home called police and DNR 28 times before I took action when they showed they arrested 3 and confiscated 2 bikes.
Report Post »henryKnox
Posted on June 10, 2012 at 6:53pmI think it would be wise to leave this to Al Sharpton and Jesse Jackson to figure out. They are experts in the area of self defense. I’m sure they will bring many protestors to this town in the near future, right?
Report Post »sawbuck
Posted on June 10, 2012 at 7:49pmThey will NOT go after this guy..
For the same “reason” Mr. Hope and Change himself,
will NOT touch this guy with a ten foot liberal pole…
You can “choose sides” …….with a ……“Zimmerman”
But no way in hell …………….with a ……. “Rodriguez”
Two words…………………….“LATINO VOTE” .
Report Post »Jeffrey777
Posted on June 10, 2012 at 8:04pmBoth Zimmy and Rodriquez where in there rights. No laws broken going to ask someone to turn the music down. He had a permit to carry and that does not mean he broke a law doing just that, even going to a house and asking them to turn music down. A law was broken when they tried to jump Rodriquez at the end of the video, while HE WAS IN THE STREET. Possibly the same thing would have happened as with Zimmy and Treyvon on the ground or maybe not. Maybe 4-5 guys would have disarmed him, beat him to death or even shot him. That didn’t happen. Rodriquez had a faster draw than Zimmy. Why Carry a Gun?……..
My old grandpa said to me ‘Son, there comes a time in
every man‘s life when he stops bustin’ knuckles and starts bustin‘ caps and usually it’s when he becomes too old to take a whoopin.’
I don’t carry a gun to kill people.
I carry a gun to keep from being killed.
I don’t carry a gun to scare people.
I carry a gun because sometimes this world can be a scary place.
I don‘t carry a gun because I’m paranoid.
I carry a gun because there are real threats in the world.
I don‘t carry a gun because I’m evil.
I carry a gun because I have lived long enough to see the
evil in the world.
I don’t carry a gun because I hate the government.
I carry a gun because I understand the limitations of government.
I don‘t carry a gun because I’m angry.
I carry a gun so that I don’t have to spend the rest of my
life hating myself for f
Report Post »BurntHills
Posted on June 10, 2012 at 6:32pmno comparison btwn this and Mr Zimmerman. this creepy paranoid rodriguez guy went onto someone else’s property to threaten them with his gun if they did not comply to his demands, period. he was not out patroling to protect the neighborhood of strangers who had been burglarizing the area.
Report Post »rickc34
Posted on June 10, 2012 at 6:52pmHe sounds like Obama divisive, paranoid, people always out to get him. Why did he take a gun if he was not looking for trouble? Why did he make a video? He planned this.
Report Post »Jeffrey777
Posted on June 10, 2012 at 7:08pmCreepy according to who? Some girl in the neighborhood who is maybe friends with the deceased or wounded?? Creepy according to a Union president, who we all known might be a communist? Creepy according to the media running his story???
Rodriquez and Zimmy were in their rights. Not what I would do, but still they were lawful.
I for one like my gun rights and hope both zimmy and rodriquez are found rightfully innocent.
Report Post »Jeffrey777
Posted on June 10, 2012 at 10:48pmHe was jumped in the street standing his ground.(white line in street at 0:38) Regardless if he should or should not have asked these guys to turn the music down. Rodriquez did not break any laws in doing so. He was even nice enough to warn them to get back multiple times.
Report Post »What part do you not get when someone tells you “stop right now or I will shoot you”??? (:01) and then get away from me, get away from me and yea I told you to stop. (:14) again tells them to get back again after that. At 1:06 one guy says “yea get dean out here” really??? who the fu*& is dean? and whats he going to do to Rodriquez who warned everyone to stay away already several times?
At 1:35 or so the crazy guy who said “you just keep shining that light on me, that don’t mean nothing to me” starts a creepy laugh HA HA HA HA sounding closer and closer like they were rushing him then scuffle sounds. Then equalizer goes off once. Darwinism in play. Play it back with someone with half a brain amongst the group of drunks, someone says “lets go back to house and call the cops. Yea and lock and load in case this rodriquez guy trys to follow up to the house”. Then in that case nobody would have died. Everyone has the right to peace and quite in their neighborhood and nobody should be considered wrong in asking someone to turn the music down even if they have a carry permit and do carry. The neighborly thing to do is turn it down, ask him if he would like a beer and quit being such a bunch of
LANE131
Posted on June 10, 2012 at 5:43pmLoud Partys, and trying to get to sleep to maybe go the work the next morning, is like living in hell, and the police do little or nothing to stop these partys, even in Texas, a state i like very much.
Report Post »So if you know you are going to get nowhere in getting the party people to tone it down, and you have a gun, do not go to your neighbors, just keep your house dark, go in your yard unseen in the dark, look at the telephone poles, fine the one with the transformer shoot it out, the power goes off, get back into your house before someone see you. The party breaks up, and the party people may be blame for shooting out the transformer. If you are found out, and have to pay fines or go to jain for shooting out a transformer to cut their power…well its got to be a lot better that shooting a fellow human. O.K really do not try this at home, do not break any laws let the police handle things, Thank you.
oldguy49
Posted on June 10, 2012 at 6:00pmcome to my house with a gun ….also bring a shovel….i have a carry and would never go to someones home and do what this idiot did……..jail time at least…………….let see-if his defense works someone could come in my house and shoot me and claim stand your ground…………….not
Report Post »Jeffrey777
Posted on June 10, 2012 at 7:37pmAnd also to OLDGUY. Did you watch the same video I did. Its obvious he was in the street. No proof he pulled his gun on their property. Hostile witnesses, who were drunk at the time don’t fair well with most juries. It was obvious they were not backing down despite his warnings. Apparently they tried to jump him. He was faster than zimmy. Good job Rodriquez.
Report Post »RightPolitically
Posted on June 10, 2012 at 5:42pmI think his character assessments by others ought to be admitted as evidence to his possibly unstable mental conditions. Let’s face it, if the fireman’s union dumped him for being divisive, that says a lot. I see murder, not self defense.
Report Post »steve5150
Posted on June 10, 2012 at 5:52pmSame here. He caused the confrontation in someone elses driveway.
Report Post »JBT
Posted on June 10, 2012 at 6:29pmRightPolitically: Mental stability determined by a union is not one of the stipulations for permit denials for conceal carry. And when applicable shows the applicant is actually more sane when he leaves the union. ( I can say that joke as a union member)
Steve5150 I agree he initiated the conversation, but just because someone is able to legally carry his firearm does not mean he is not allowed to make reasonable requests or just a conversation with the neighbor. It sound to me that this scenario gets played out weekly throughout America, of loud music and the request to tone it down are made. The question is who is the aggressor, that person is at fault. I wounder if the Castle Doctrine is applied for a visitor is on personal property? This story sounds like he walked into the neighbors driveway.
Report Post »Jeffrey777
Posted on June 10, 2012 at 6:31pmHe had a license to carry. Nothing in his history caused a revocation of his permit, and I do not trust the word of any union president for gods sake. The girl said her husband was on his property and acted aggressively. Obviously she is biased and no telling what was going on in that neighborhood in the past whether her and husband acting up or Rodriquez, or all of them. The video is hard to interpret but it appears he was off the property in a street at the end of a driveway. To me if your dumb, drunk whatever, and you spout sh&^ off to someone with a gun, you might think it possible to get shot/killed. I bet they wished they would have turned around and gone back into their house when he pull the gun. But it sounded like at the end of video they were alot closer, possible came up behind him or something. Even if your not the most popular guy in your union or neighborhood, you have the right to defend yourself. The law is on his side same as Zimmy. Most including me would have not followed treyvon or confront a drunk crowd at a party with or without a gun. But neither actions are illegal. Nevertheless, you don’t hang a guy on the word of a POS union president and some girl in a video, who admitted her husband entered Rodriquez’s property in the past. She also hinted police told her the guy knows his regulations. You hang this guy and zimmy in court, and one day by god, you can kiss your stand your ground and eventually castle doctrine laws GOODBYE.
Report Post »Jaycen
Posted on June 11, 2012 at 1:36am@steve5150
Hey, stupid. Watch the video. The blogger got it wrong.
You can see Rodriguez was NOT in their driveway. Rodriguez was IN THE STREET. The drunk, partying jerks were in their driveway – UNTIL 3 of them came into the street and attacked Rodriguez.
Brain. Use it.
Report Post »red_white_blue2
Posted on June 10, 2012 at 5:32pmI just posted a picture of myself taking target practice. I have a gun for self defense in my home. If I had a concealed carry, I would assume that to include protecting myself while in my car. I would see no reason to bring a firearm to a workplace.
Report Post »I support gun rights as it relates to protection, true protection of self and family at home. There is no reason to approach a neighbors house with a gun in my view, unless your purpose was to preserve someone else’s life that you had reasonable evidence to believe was in danger.
Standing your ground is fine if you are truly the one fearing for their life, and it was someone else who approached you in a threatening manner. But to be the instigator, and claim you are standing your ground is absurd.
steve5150
Posted on June 10, 2012 at 5:50pmCorrect. This gentleman committed second degree murder. He also planned to do it before the confrontation even started. Everything this man did was designed to set the stage for a self defence claim. Everything was initiated by him on someone elses property where he had no right to be. Why is he “standing his ground” in someone elses driveway? If he was in fear of his life why would he go over and confront his neighbors in the first place and why did he just leave? No one was attacking him. They were arguing.
Report Post »Jeffrey777
Posted on June 10, 2012 at 11:13pmYou are right on your points. No reason to approach the neighbors with gun handy. We do not know the history other than the media, (can’t trust). Union boss, most likely can not trust since most are communist. Maybe there was loud music all the time across the street from Rodriquez. It would be inconsiderate. Maybe they have not been neighborly in general in the past and from the sound of the young lady her husband had a confrontation with him on Rodriquez property and also had a gun pulled at him. She said police told them he knows his regulations. She is obviously biased and may even know the victims. He was not popular according to those in the neighborhood. Who cares, not in a popularity contest. He did not break any laws since he had a permit to carry, and appears he was in the street when they rushed him. Despite all the warnings he gave they did not stay away from him.
Report Post »Harvey1
Posted on June 11, 2012 at 11:12pmFor all of you that do not see a reason to carry a weapon to work I have a question. If you are in dire need of a weapon to save your life while driving to or from work, you will die because you did not think this decision through. You might not need to defend yourself at work ( many have died believing this ) what about defending yourself on your way to and from work?
Report Post »dr emil shuffhausen
Posted on June 10, 2012 at 5:27pmI think Mr. Rodriquez would have received a heck of a beating or worse had he not been armed. Should someone had died that night? Probably not. He probably should not have gone over there in the first place. I imagine alcohol was involved and probably led to the men attending the party being the aggressors. Leaving the discussion to go get a gun doesn’t look good for them nor does one being restrained. Someone was looking for a fight. Mr. Rodriquez should not have been brandishing or even showing his weapon if he had a concealed weapons license and that doesn’t look good for him either.
What a mess. I imagine everyone but the dead guy wishes they would have done things differently. This society is deteriorating. Though I didn’t see what time this shooting took place, it seems that neighbors don’t give a crap if their music is too loud or keeping people up and nobody seems to have any tact in dealing with a situation. Not sure what the answer is. Maybe we need to go back to charm school as a nation and learn manners and respect for each other or maybe we need to get to know our neighbors and maybe they will treat us like friends. How sad…
Report Post »dfissell
Posted on June 10, 2012 at 5:42pmhe may have but he was on the the property of the guy he shot so he is guilty as can be now if he was on his own land and they step on it then there a threat to him but he was a threat to the person he shot
Report Post »Jeffrey777
Posted on June 10, 2012 at 7:23pmYou are so right. And he was obviously in the street in the video. I think everyone should watch it again and listen close to the ending. Its a mess with media, communist union boss painting a picture, forming opinions. Not to mention neighbors who may be friends with the deceased or wounded. A girl who admits her husband confronted him at one time, on his property and police back Rodriquez. He wasn’t popular apparently, but this is not about popularity.
Report Post »These two cases will be crucial and you have to ask yourself if you need stand your ground or even castle doctrines in the future when you go to defend life or family.
Plutos_Pal
Posted on June 10, 2012 at 5:26pmThis guy needs to spend a very long time in prison. He initiated the confrontation. This wasn’t a situation where he had to take immediate action because the cops were too far away. It’s not like he was stopping a violent crime in progress. He should have simply called the cops.
Report Post »Jeffrey777
Posted on June 10, 2012 at 11:43pmApparently nobody would do what he did but, he did not break any laws asking his neighbor to turn down the music. Just like off duty zimmy did not break laws following treyvon in public area of a gated community. Rodriquez warned them several times and was in the street when they jumped him. He did the right thing at that point defending himself from several attackers.
Report Post »Throw this guy under the bus and might as well throw zimmy there too. Kiss your gun rights all together goodbye. http://www.balough.info/index_files/Why_Grandpa_carries_a_gun.pdf
possom
Posted on June 10, 2012 at 5:13pmMe‘think’s this idiot forgot about the no1 rule “Trespassers will be shot”! Hard to pull the stand your ground on someone else’s property
Report Post »Jeffrey777
Posted on June 10, 2012 at 11:55pmIf you watch the video you will see he is standing in the street, legally in all ways possible, including his weapon.
Report Post »gadgetninja
Posted on June 10, 2012 at 5:13pmi am a troll and i live under a bridge
Report Post »Smokey_Bojangles
Posted on June 10, 2012 at 5:06pmI have a kid that carries a 9 mm SW at all times. Try using that excuse at my house when you show up with a gun. You would have to get a fork lift to remove your body from the weight of the lead in your butt!
Report Post »yathink
Posted on June 10, 2012 at 5:21pmSmokey_Bo LMAO would at least been a closed casket.
Report Post »BlackCrow
Posted on June 10, 2012 at 5:03pmBuy the way, if Thugly has you on the ground and is beating you retreat is not possible.
Report Post »Jeffrey777
Posted on June 10, 2012 at 11:58pmWith stand your ground law there is no reason to EVER be on the ground with thugy on top.
Report Post »BlackCrow
Posted on June 10, 2012 at 5:00pmWell he is an IDIOT! Texas has a Castle Doctrine law that says you do not have to retreat if you are inside your house. If you are not inside your house you must make every effort to retreat if at all possible. This fool is going to end up in jail for a very long time.
Report Post »Jeffrey777
Posted on June 10, 2012 at 7:53pmHe was in the street according to video. Stand your ground applies especially since it appears they jumped him according to sound at the end of video. Nothing so far shows he did anything illegal. Same with Zimmy. Just because you have a gun does not mean you are instigating a crime. You ask someone to turn down the music and people act like the idiots that got shot despite you being in the street warning them to back off. But you have a gun you are guilty. See how dangerous your reasoning is. You have the right to protect yourself and stand your ground if you feel your are threatened with bodily harm or if there is a possibility that your VERY LIFE is in danger.
Report Post »blackyb
Posted on June 10, 2012 at 4:58pmInconsiderate people cause a lot of problems for themselves and others.
Report Post »yathink
Posted on June 10, 2012 at 4:57pmHere we go again. This guy Rodriguez is lucky he was not killed. If you come to my house to complain about something I’m doing and want to resolve it. You come with hat in hand or the sheriff. Not brandishing a gun. Especially if I’m having a loud party and have been drinking. We all have a right to protect our life and property. God given right. He went looking for trouble and now he’s got it. Premeditated murder. Conceal carry permits are a double edge sword. Although you may be able to attain one you better make sure you have the mental capacity to know what it’s for, or it’s the chair, rope, needle or firing squad for ya.
Report Post »Jeffrey777
Posted on June 10, 2012 at 6:55pmThe video looks like he was in the street at the end of the driveway. Those guys were the aggressors and they kept at it despite alot warnings from Rodriquez. Listen to the video at the end sounds like a scuffle, maybe someone came up behind him. In that case good job Rodriquez.
Report Post »blackyb
Posted on June 10, 2012 at 4:57pmIf the man feared for his life why was he standing in someone elses yard? He should have took his azz home. The cops should have been handling the noise.
Report Post »Jeffrey777
Posted on June 11, 2012 at 12:01amWatch the video. He was in the street clearly. And he had every right to be there asking the drunk neighbors directly across the street to turn the music down. He also had every right to carry a gun apparently.
Report Post »LeadNotFollow
Posted on June 10, 2012 at 4:52pm…
I hate drunks and their loud parties as much as anyone, but I would have called the law and waited for them to get there, before I stepped out of the house to speak to the annoying neighbors.
Bad thing is, the law usually won’t do a thing about the noisy neighbors, once they get there. It’s pretty much a lose, lose, situation. The law leaves, the party gets louder.
Report Post »Jeffrey777
Posted on June 10, 2012 at 11:23pmDo you think also Zimmy should have waited for law to come, while sitting in his warm truck? He was off duty by the way. I agree and do exactly what you said but Rodriquez and Zimmy didn’t wait, but they also were within their rights. Legal permit holders can carry and should all the time. Nothing in the video points to Rodriquez being in the wrong while standing in the street. If he was at some point on the neighbors property showing off the gun well then we have to have some proof of that. Seem only people their were quite drunk at the time. Jury do believe the drunks or the guy standing in the street shouting for them to get back multiple times? If they believe the drunks well just shows me if you end up taking a life to save your own, well get ready for jail.
Report Post »princessnutsack
Posted on June 10, 2012 at 4:49pmIt’s always a good idea to carry a gun when you go confront your neighbors angrily! No foreseeable problems there.
Report Post »Jeffrey777
Posted on June 11, 2012 at 12:08amNeighbors, union boss etc all are biased against the defendant. And what if they are friends with the victims? Very weak. Most likely their testimony will not out weight actions by drunk attackers on the video. If you have medical records backing their paranoid behavior claims or police reports on gun violations or violence by the defendant then you might have a case against Rodriquez. Heard nothing of that so far so they need to let him go just like zimmy.
Report Post »The Third Archon
Posted on June 10, 2012 at 4:47pm“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.”
Report Post »Yes, because a human being lunging at you is a deadly weapon, whereas a GUN is most definitely not. If he wasn’t such a fat ***** he probably could have fought them like a man, with his fists, if he was REALLY in any danger of bodily harm. Guns aren’t for fighting–they are for killing.
Jeffrey777
Posted on June 10, 2012 at 11:54pmAppears to be several men trying to approach him despite multiple warnings to get back. All this while Rodriquez was standing in the street. Is several men considered a deadly weapon, if not how many do there need to be? Should he lie down and let one get started until the others jump on him as well, take the gun and shoot him in the end? He had a legal permit to carry and was doing just that. Hang this guy for standing ground in THE STREET across from his neighbor while being jumped, then hang zimmy as well for following a hooded guy, even though he was off duty carrying legally. I thank god for my good neighbors.
Report Post »The Third Archon
Posted on June 10, 2012 at 4:41pm“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.”
Not unlike Zimmerman. And, not unlike Zimmerman, he shot an unarmed man, as well as apparently two other unarmed men (unlike Zimmerman), and, like Zimmerman, the whole confrontation, and the presence of a deadly weapon thereat, was his fault IN THE FIRST PLACE. If you are going to carry a gun with the potential to kill another person, you’d better be ready to accept the RESPONSIBILITY that accompanies such a terrible power. I have no sympathy for a man whose life was never in danger at the time he killed another man, at a confrontation HE INITIATED–the burden is upon HIM to justify HIS actions.
Moreover, he is responsible for the escalation by approaching with the weapon obvious (how do you THINK people will react?), rather than having it concealed but ready IF AND ONLY IF things SHOULD happen to escalate. If you START a conversation by walking over uninvited and proceeding to wave a gun around and make demands what kind of reception do you EXPECT to get?
Report Post »yathink
Posted on June 10, 2012 at 5:04pmMy wife would have picked him off from the front porch. The minute she heard gun!
Report Post »yathink
Posted on June 10, 2012 at 5:11pmComparing this to the Zimm Man is laughable at best. This man was not knocked to the ground an having his head pounded into the side walk so stop with the comparison please. Two completely different situations.
Report Post »Jeffrey777
Posted on June 10, 2012 at 10:17pmThey did nothing wrong?????? If you were in your driveway and some guy had a gun waving around telling you to back off, what would you do? I hope, Go to the house, arm yourself, call police and be ready. These guys in the video knew they could take that fat boy and open a can of woopass on him, except that one little problem. He had a gun. They were egging it on big time. He was in the street and warned them repeatedly. They could have easily back up the driveway they were standing on all the way back to the house. They were either really drunk or really stupid or both to keep at with this guy. But no they decided to try and jump him IN THE STREET. One guy in the video even said to another “I got your back”. You dont have a gun and the other guy does and you think you have someones back?? What a dumbass. Everyone says they would have not gone over to begin with, well no SH%$. BUT he did not break the law in doing so. Zimmy did not break the law when he followed Trayvon in a public area of the gated community, while carrying. If these guys jumped at him after all their posturing they showed in the video then its obvious they wanted to do him bodily harm. Rodriquez did not let it get that far however, and nobody ended up on the ground except 3 assailants.
Report Post »Jury will see that a wild party go out of hand. Video/audio shows Rodriquez was jumped while standing ground in the street. He had given ample warnings yet they pursued him in the street to do him bodily harm.
Jeffrey777
Posted on June 11, 2012 at 12:22amMaybe watch the video again. He was rushed while standing in the street, by A man, maybe more don’t know. Did see a few guys in the video prior to the shot fired. If rushed did he know for sure the guy did not have a weapon, whether a pen knife or bottle of beer? ” You know I thought he had something in his hand that looked like a weapon officer. It was dark cant say for sure but I FELT like I was in danger.’ THAT FEELING is all you need with stand your ground laws. In the dark dealing with drunks that ignore multiple warnings to stay back are you really going to think its going to be a fair fight? Do you think really that they would not have busted his head open like a watermelon with a bottle or something. In the video it sure looks like they were planning something good. They forgot one little detail and that was the guys ass they wanted to kick was legally carrying a gun. Did he have to go up to guys to tell them to turn it down? No but he did and did not break a law doing so.
Report Post »Did zimmy have to follow the hooded obama looking guy? No but he did and did not break a law doing so. Comes a time when you stop busting knuckles and start busting caps, especially with drunks.
blackyb
Posted on June 10, 2012 at 4:37pmWhy were the police not summoned to get those loud people quiter?
Report Post »Jeffrey777
Posted on June 11, 2012 at 12:26amThe term Police protection is an oxymoron.
Report Post »Diane TX
Posted on June 10, 2012 at 4:36pmThis man appears to a White-Hispanic, from his picture and surname. Is this a new trend in this ethnic group?
Report Post »Jeffrey777
Posted on June 11, 2012 at 12:30amHe is actually a white-hispanic with a african american grand daddy.
Report Post »Snowleopard {gallery of cat folks}
Posted on June 10, 2012 at 4:34pmLet the facts speak for themselves in this case; the jury will make the final choice based on that and the law.
Report Post »Jeffrey777
Posted on June 11, 2012 at 12:32amAnd I can not think of case where the jury sided on behalf of drunk party guys jumping someone standing in the street.
Report Post »salvawhoray
Posted on June 10, 2012 at 4:32pmHe’s in the wrong, if he called the cops he should have waited for the police; he just decided that he has a chance to get away with murder.
Report Post »steve5150
Posted on June 10, 2012 at 4:47pmI absolutely agree! I am a gun owner and believe strongly in “stand your ground” laws but this guy was setting up a confrontation in order to shoot his neighbor. He was on his neighbors property, he started the confrontation. He was baiting someone he didn,t like into a position where he thought he could get away with shooting him. Zimmerman was attacked but this guy provoked the whole confrontation himself. I do not know what the law is specificly in Texas but in Florida what he did is murder the way I read the statute.
Report Post »The Third Archon
Posted on June 10, 2012 at 4:48pmNot unlike George Zimmerman.
Report Post »deerfawn
Posted on June 10, 2012 at 5:02pmmy sentiments exactly. This is the kind of garbage that screws it up for the rest of us.
Report Post »Jeffrey777
Posted on June 10, 2012 at 7:32pmSo you think Zimmy is guilty. I do not. Zimmy, with a gun followed treyvon. Was not an illegal move. Rodriquez was also in his rights asking people to turn the music down. He was in the street, plainly recorded on video. They attacked him from the sound at the end of the video, despite his multiple warnings. Also plainly heard in the video.
Report Post »They wanted **** and got some.
Jeffrey777
Posted on June 11, 2012 at 12:36amHe broke no laws. He had a right to tell neighbors to turn the music down. He had a permit to carry and was doing just that. He warned them to stay back multiple times. THEY DECIDED TO JUMP HIM WHILE HE WAS STANDING IN THE STREET. I love natural selection.
Report Post »cogito ergo sum
Posted on June 11, 2012 at 12:36amThe connection between Rodriguez and Zimmerman is in their proactive approach to a tenuous situation. Both men did not try to defer to the law to handle the situation. Instead each, armed with a gun, became the law in the moment of confrontation. Without stand your ground laws, or at least versions which do not grant immunity based on psychological states, both men may have seriously reconsidered how their situation should be handled. Rodriguez and Zimmerman do not have to answer for why they instigated their situations. Stand your ground ignores this very important very important part of a self-defense claim; why did you need self-defense to begin with?
Cogito Ergo Sum
Report Post »lukerw
Posted on June 11, 2012 at 4:22am@COGITO…
Based upon Divine Judgement to support the Righteous… as continued in the Trial By Combat, where Knightly Honor was cherished… and ending in the Dueling Code of 1777… A Challenge to a Duel began with a Perceived Offense or Insult.
As we are a Preditor Species… it does not take much to provoke our Killing Instinct.
Lucky for the Cowardly Liberals… that Lawyers now battle with Paper & Books.
Report Post »cogito ergo sum
Posted on June 11, 2012 at 10:01am@lukerw
Really Luke?! Come on man, we’re not animals. Dude, we are not in the beginnings of human civilization anymore. We sort of need to control those natural instincts as society at large depends on us not killing each other at the slightest perceived threat. SMH!
Cogito Ergo Sum
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