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!