Register | Sign In


Understanding through Discussion


EvC Forum active members: 64 (9164 total)
6 online now:
Newest Member: ChatGPT
Post Volume: Total: 916,852 Year: 4,109/9,624 Month: 980/974 Week: 307/286 Day: 28/40 Hour: 2/4


Thread  Details

Email This Thread
Newer Topic | Older Topic
  
Author Topic:   Stand Your Ground ... Again
Jon
Inactive Member


(2)
Message 33 of 46 (665616)
06-15-2012 9:49 AM


After watching the video, I'm just surprised that any of the people at that party could have been teachers.
Texas: You need some help with your education system.

Love your enemies!

  
Jon
Inactive Member


Message 35 of 46 (665620)
06-15-2012 10:12 AM


Also after watching the video, I have to wonder why the hell this guy was ever convicted of anything.
Did he do something wrong?
Or was his last name just Rodriguez?
Edited by Jon, : No reason given.

Love your enemies!

Replies to this message:
 Message 38 by rueh, posted 06-15-2012 2:34 PM Jon has replied

  
Jon
Inactive Member


Message 39 of 46 (665680)
06-15-2012 3:55 PM
Reply to: Message 38 by rueh
06-15-2012 2:34 PM


After watching the video and reviewing the texas castle doctrine there are a few things that I would consider that he did wrong.
1. He was not in his "habitation, vehicle, or place of business or employment". He was in the middle of the street. Which does not qualify as any of these areas.
According to the bill, there are other 'qualifiers' for the use of deadly force. It doesn't appear as though one must actually be in one's "habitation, vehicle, or place of business or employment":
quote:
80(R) SB 378:
(e) A person who has a right to be present at the location
where the force is used, who has not provoked the person against
whom the force is used, and who is not engaged in criminal activity
at the time the force is used is not required to retreat before
using force as described by this section.
I think it could easily be argued that a person has the right to be present in any public space, such as the road/street where the incident took place.
2. A case could be made that he provoked the person against whom the force was used. By initiating the confrontation with his neighbors and then returning to the street inorder to continue the confrontation.
I cannot find where it is in the video that Rodriguez provokes the party goers. He was in the street. They drove to where he was. They got out of the vehicle. They began to harass him. They then moved to assault him. He warned them he had a fire arm. They backed away. Dicking around ensued. The party goers were too drunk to realize the severity of what was going on and someone decided to charge at him anyway, even after initially backing off. He shot to defend himself from the assault.
Is there something I'm missing?
3. The victims were not involved in aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
But that's only one piece of the bill. There's more to it than that; see my quote above.
I believe that these three qualifiers for the use of deadly force taken in conjunction with each other, would mean that Mr. Rodriquez was in the wrong and did in fact commit manslaughter.
But those three things you listed aren't all the qualifiers, as you'll see when you check my link to the text of the bill.
Jon
Edited by Jon, : No reason given.

Love your enemies!

This message is a reply to:
 Message 38 by rueh, posted 06-15-2012 2:34 PM rueh has replied

Replies to this message:
 Message 40 by fearandloathing, posted 06-15-2012 4:38 PM Jon has replied
 Message 46 by rueh, posted 06-15-2012 11:40 PM Jon has not replied

  
Jon
Inactive Member


Message 41 of 46 (665688)
06-15-2012 5:11 PM
Reply to: Message 40 by fearandloathing
06-15-2012 4:38 PM


Whether R was within the scope of the law is almost beside the point once it goes before a jury. A different jury may have set him free.
Absolutely. Given a system of trial-by-jury, one almost wonders why laws even exist at all. Juries rarely take them into consideration when handing out verdicts.
As I said in Message 4, I think he made a few bad decisions.
His decisions weren't the best. The morality of what he did might definitely be something to question.
After watching the video I feel he should have known better than to confront drunken people with a camera and a gun
That's just the thing though: where is it that he confronts the drunken people with a camera and a gun? As far as I can tell, he was standing on the street recording the house where the party was atapparently to collect evidence of his neighbor's disruptive behaviorwhen a truck full of men with weapons pulls up to him. The men, who are with the party, get out and he asks them to turn the music downsomething that is well within his right to do and not confrontational at all. They then try to assault him, and so the story goes from there.
I just don't see the part where he did any confronting.
I will defend myself, but in a situation like that calling the police for help would have maybe saved a life and kept him from having to go through this and pull 20+ years maybe.
It seems as though he had already called the police multiple times.

Love your enemies!

This message is a reply to:
 Message 40 by fearandloathing, posted 06-15-2012 4:38 PM fearandloathing has not replied

Replies to this message:
 Message 42 by subbie, posted 06-15-2012 5:21 PM Jon has not replied

  
Newer Topic | Older Topic
Jump to:


Copyright 2001-2023 by EvC Forum, All Rights Reserved

™ Version 4.2
Innovative software from Qwixotic © 2024