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Galraedia

(5,026 posts)
Thu Jun 7, 2012, 04:32 PM Jun 2012

Stand Your Ground? Texas man kills teacher over noise complaint

Source: RawStory

A Texas man says he was justified in killing an elementary school teacher over a noise complaint because he was “standing my ground.”

Retired firefighter Raul Rodriguez is hoping that a video that he taped himself will prove that he was acting in self-defense when he gunned down P.E. teacher Kelly Danaher outside the victim’s home near Houston in May 2010.

On the video that was presented as evidence in court on Wednesday, loud music can be heard as Rodriguez tells Danaher to “turn it down.”

You need to stop right there,” Rodriguez says. “Don’t come any closer please. I’m telling you, I’m telling you, stop, I said stop right now or I will shoot you! … I fear for my life. I told you to stop, my life’s in danger, you got weapons on you, stay away from me.”

Read more: http://www.rawstory.com/rs/2012/06/07/stand-your-ground-texas-man-kills-teacher-over-noise-complaint/

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Stand Your Ground? Texas man kills teacher over noise complaint (Original Post) Galraedia Jun 2012 OP
videotaped himself.. frylock Jun 2012 #1
Absolutely- and the words he chose were very obvious Marrah_G Jun 2012 #223
What, don't YOU pack heat when you talk to your neighbors about something? Scootaloo Jun 2012 #2
Really? Please provide a link of a Gungeoneer who says that legal possession of a firearm Common Sense Party Jun 2012 #8
Read the fucking gungeon Scootaloo Jun 2012 #12
So, I take it you don't have a link? Common Sense Party Jun 2012 #24
Trouble is, sifting through all of it would be like going through TV Tropes Scootaloo Jun 2012 #27
So in other words SGMRTDARMY Jun 2012 #166
No, "in other words" I didn't have time. Which isn't really "other words," but hey Scootaloo Jun 2012 #188
I don't see that he "refuses" to admit it. His argument is that the vast majority Common Sense Party Jun 2012 #192
Who said anything about CCW? Scootaloo Jun 2012 #194
Oh, Good God. You're hopeless. Common Sense Party Jun 2012 #209
I recall several posts made by many of our pro-gun "progressives" Moses2SandyKoufax Jun 2012 #28
Not quite the same thing as "absolves him of all criminal liability," now is it? Common Sense Party Jun 2012 #32
I doubt that. Moses2SandyKoufax Jun 2012 #38
What do you know? How many CCW'ers do you know? Common Sense Party Jun 2012 #40
I go by what I read on gun forums. Moses2SandyKoufax Jun 2012 #45
Perhaps you should look at some real statistics. GreenStormCloud Jun 2012 #78
Who cares about facts and statistics? Common Sense Party Jun 2012 #129
Having fewer murder convictions is OrwellwasRight Jun 2012 #240
Here you are: GreenStormCloud Jun 2012 #261
Hmmmm.... OrwellwasRight Jun 2012 #265
More data: GreenStormCloud Jun 2012 #270
So that's about 2%. OrwellwasRight Jun 2012 #272
Certainly there are millions who could qualify for a CHL but don't want one... GreenStormCloud Jun 2012 #274
No, the debate is about what claims are made in the debate. OrwellwasRight Jun 2012 #276
I know a lot too and yes they are Frightened and Paranoid, thats why they Pack everywhere. bahrbearian Jun 2012 #47
I was wondering about that statement too........... Plucketeer Jun 2012 #55
Do you wear a seat belt? If so, why? Are you frightened and paranoid? Common Sense Party Jun 2012 #59
Do you believe in Jesus? If so, DocMac Jun 2012 #70
Ya I wear a seat belt , because I'm Afraid some idiot will run into me,, I don't pack anymore bahrbearian Jun 2012 #73
So you ARE frightened and paranoid? Common Sense Party Jun 2012 #87
Admit it So are You, bahrbearian Jun 2012 #93
No, I won't admit to something so blatantly untrue. Common Sense Party Jun 2012 #127
seatbelt? because it's required by law. BlancheSplanchnik Jun 2012 #94
I've always used one since I was a kid, long before their use was required slackmaster Jun 2012 #95
but did you use your seatbelt because you're paranoid and frightened? BlancheSplanchnik Jun 2012 #105
I use it because I want to increase my chances of survival in the event of a violent collision slackmaster Jun 2012 #110
Fail. Common Sense Party Jun 2012 #122
Nothing to do with it actually being... oh... PavePusher Jun 2012 #286
This message was self-deleted by its author BlancheSplanchnik Jun 2012 #101
"NONE"????? None of them are frightened, paranoid or angry?? loudsue Jun 2012 #57
That's correct. None. Common Sense Party Jun 2012 #61
Maybe you "Think" your not Frighted or Paranoid but packing proves you wrong. bahrbearian Jun 2012 #68
The vast majority of permit holders are rural and suburban white males.... Moses2SandyKoufax Jun 2012 #69
So what are "They" afraid of? bahrbearian Jun 2012 #71
I'm sorry, I don't understand your question. Moses2SandyKoufax Jun 2012 #74
We are , I thought you were someone else. I'll edit it. bahrbearian Jun 2012 #79
You have proof of that demographic? GreenStormCloud Jun 2012 #88
As I said "the vast majority"... Moses2SandyKoufax Jun 2012 #90
And you are ignoring my proof that most are urban. GreenStormCloud Jun 2012 #109
whites are about 50% of tx population. interesting. HiPointDem Jun 2012 #281
heh heh.... glad others here are telling them what's up fascisthunter Jun 2012 #82
How would he know who were CCW unless they inform him and why should they inform him? Tuesday Afternoon Jun 2012 #163
More law abiding on average than what? OrwellwasRight Jun 2012 #238
Ya, it all makes perfect sense, When I speak to people while holding a gun on them bahrbearian Jun 2012 #33
On average more law abiding doesn't mean universally law abiding 4th law of robotics Jun 2012 #228
You live in Canada by any chance? ileus Jun 2012 #50
tis an ill wind blowing. Tuesday Afternoon Jun 2012 #66
Bingo. onehandle Jun 2012 #64
Got any evidence (like actual case studies of gun owners).... PavePusher Jun 2012 #287
you are reading through the veil of your own prejudice. Tuesday Afternoon Jun 2012 #114
Agree. patrice Jun 2012 #30
Well, now that you actually have entered the Guns forum to defend this absurd petronius Jun 2012 #44
I love the smell of pizza in the morning. Tuesday Afternoon Jun 2012 #54
Lt Kilgore... discntnt_irny_srcsm Jun 2012 #75
How? Nobody delivers before noon! nt DocMac Jun 2012 #76
its always five o'clock somewhere. Tuesday Afternoon Jun 2012 #112
Lol...how true. nt DocMac Jun 2012 #158
He went over to the other house with a gun and had set up a video-recording in advance? 4th law of robotics Jun 2012 #3
+1. He wasn't standing *his* own ground. He's going down for this. freshwest Jun 2012 #15
SYG is the perfect law for bullies. They have to have an edge. Now they can pick a fight they might rhett o rick Jun 2012 #4
That's been my issue from the start... Blue_Tires Jun 2012 #138
Nope. That was NOT self-defense. Common Sense Party Jun 2012 #5
+1 freshwest Jun 2012 #11
Premeditated mrder. H2O Man Jun 2012 #6
+1000 nt abelenkpe Jun 2012 #9
Yep! And a sick attempt to cover for it, too. Poll_Blind Jun 2012 #86
To me, his videotaping shows the confrontation was premeditated obamanut2012 Jun 2012 #262
Exactly. H2O Man Jun 2012 #273
You got it obamanut2012 Jun 2012 #275
Hope he fries FiveGoodMen Jun 2012 #7
By this reasoning I suppose sulphurdunn Jun 2012 #10
Exactly. And I saw a gun shop owner on TV saying Rodriguez did everything right. pnwmom Jun 2012 #22
it's comin' right for us! frylock Jun 2012 #132
But, But, he feared for his life. bahrbearian Jun 2012 #13
Pre-emptive war on the homefront? I can't believe he'll get away with this. freshwest Jun 2012 #17
Its the Bush Doctrine, its never been challenged. Look forward. bahrbearian Jun 2012 #19
Much older than Bush, go back a couple of centuries. Engrained response. freshwest Jun 2012 #21
The sad part is he'd probably have a whole lot of believers Blue_Tires Jun 2012 #140
Noise complaint? abelenkpe Jun 2012 #14
That's right! DocMac Jun 2012 #91
Damn straight sulphurdunn Jun 2012 #208
OK, I need to shout this now: SHOOTER DID CALL THE POLICE "REPEATEDLY" before shooting wordpix Jun 2012 #267
He probably should have consulted an attorney Turbineguy Jun 2012 #16
That's sick. He's a murderer. nt shcrane71 Jun 2012 #18
A person is dead because this man thought SYG gave him the right to kill. enough Jun 2012 #20
Beware of criticizing SYG laws. OrwellwasRight Jun 2012 #241
It's obvious, these SYG laws Moses2SandyKoufax Jun 2012 #23
No surprise there. Look at the people who enacted these laws Thegonagle Jun 2012 #36
Would a Soylent Green reference be too much? sakabatou Jun 2012 #193
Sounds like he planned to murder the guy to me. Solly Mack Jun 2012 #25
How is he standing his ground in someone else's driveway. Its not just ... marble falls Jun 2012 #26
Yes, standing your ground means staying where you are instead of running away slackmaster Jun 2012 #53
The whole thing looks like a half assed savalez Jun 2012 #72
I don't know about Texas Hells Liberal Jun 2012 #106
does this work for gas leafblowers too? ManyShadesOf Jun 2012 #29
Premediated murder Woody Woodpecker Jun 2012 #31
There will no doubt be plenty of gun fans rising to his defense. pnwmom Jun 2012 #34
He was the armed aggressor. He initiated the contact. Ikonoklast Jun 2012 #81
I agree that this was murder. But I'm not a gun fanatic. n/t pnwmom Jun 2012 #115
good to know in case i decide to rob a liquor store frylock Jun 2012 #134
I am reminded of the brutal cops who robotically tblue37 Jun 2012 #35
You watch Cops too? You'd think they'd behave better in front of a TV camera. Thegonagle Jun 2012 #37
No--I have never seen that program. But I do often see cops doing that tblue37 Jun 2012 #58
This looks like premeditated murder to me slackmaster Jun 2012 #39
The shooter escalated the situation by rudely confronting his neighbors. pacalo Jun 2012 #41
apparently you didn't read the article or see the video. The shooter DID call police several x from wordpix Jun 2012 #263
The video showed a man out in the street, angrily approaching his neighbor's house. pacalo Jun 2012 #280
I wonder bongbong Jun 2012 #42
What is a "gun-religionist"? Common Sense Party Jun 2012 #43
They're all out shooting their neighbors and getting their rocks off over it. nt valerief Jun 2012 #52
Who is? Common Sense Party Jun 2012 #130
Read the thread. valerief Jun 2012 #235
I did. Who is? Common Sense Party Jun 2012 #277
Who is what? valerief Jun 2012 #284
You are making accusations of murder and mental imbalance against DUers. PavePusher Jun 2012 #288
Apparently didn't choose the former. Robb Jun 2012 #295
Aw Geez meeksgeek Jun 2012 #46
Not necessarily a "noise complaint", Moses2SandyKoufax Jun 2012 #49
the shooter DID call the cops, several times wordpix Jun 2012 #264
Where did I lie? meeksgeek Jun 2012 #278
they're coming right at us! enki23 Jun 2012 #48
OMG, that asshole went over with his kill weapon just looking for trouble. valerief Jun 2012 #51
You know, the phrase "strung up by the neck" is much more commonly petronius Jun 2012 #62
Uh, why can't you have both? Does it always have to be poison in the veins? nt valerief Jun 2012 #234
Hanging has a long historical record... PavePusher Jun 2012 #289
Yes, I know - I was referring just the phrasing petronius Jun 2012 #292
Are you willing to pull the lever that drops him? oneshooter Jun 2012 #154
Sure. After his trial. nt valerief Jun 2012 #233
"First we're gonna give'im a fair trial... PavePusher Jun 2012 #290
Gun culture strikes again. nt onehandle Jun 2012 #56
Sounds like his video/audio will bite him on the ass. ileus Jun 2012 #60
Yep. AtheistCrusader Jun 2012 #65
I didn't take that away. I think the shooter was truly scared AND wordpix Jun 2012 #266
Watched the video. AtheistCrusader Jun 2012 #63
His video will likely be evidence at his murder trial. GreenStormCloud Jun 2012 #67
I miss the unrec button. L0oniX Jun 2012 #77
tough shit fascisthunter Jun 2012 #85
Ohhh you are scaring me now. L0oniX Jun 2012 #89
don't shoot fascisthunter Jun 2012 #92
Don't hit me you OG tattooed big bully. L0oniX Jun 2012 #96
hahaha.... well done! fascisthunter Jun 2012 #97
There's a little "x" at the end of the thread title Blue_Tires Jun 2012 #149
This dumbass was the ONLY one out there with a gun, so why was he "scared" for his own life? nt MrScorpio Jun 2012 #80
What are you going to believe, the headline or your lying eyes? AnotherMcIntosh Jun 2012 #83
"got shot after approaching Rodriguez in a menacing way" FiveGoodMen Jun 2012 #107
Both parties were gun owners. The video at #83 provides the best evidence of their actions. AnotherMcIntosh Jun 2012 #135
please tell me you live in this neighborhood and can tell us about the Blue_Tires Jun 2012 #151
I don't have to interpret the video. It is what it is. I just invited people to actually look at it AnotherMcIntosh Jun 2012 #157
And we looked. FiveGoodMen Jun 2012 #173
Google is your friend. Photo of the layout. GreenStormCloud Jun 2012 #175
doesn't tell me much, but it's better than nothing, so thanks... Blue_Tires Jun 2012 #180
Apartment complex. GreenStormCloud Jun 2012 #181
so where was the manager/landlord/super or whatever?? Blue_Tires Jun 2012 #182
Those are good questions. GreenStormCloud Jun 2012 #183
I put my other findings in #179 Blue_Tires Jun 2012 #184
This was a house on a 2 acre property, not an apartment. pnwmom Jun 2012 #248
What the heck is this? The only Kelly Danaher in Huffman, TX pnwmom Jun 2012 #239
What do you see in the video at the 54 second mark? N/T beevul Jun 2012 #197
at :54? I see truck headlights Blue_Tires Jun 2012 #201
What about the double yellow lines they're shining on... beevul Jun 2012 #202
ok....it's clear that they sort of came to him... Blue_Tires Jun 2012 #205
I read 179. beevul Jun 2012 #206
Yes, the unedited video is important Blue_Tires Jun 2012 #207
Danaher's house was on a 2 acre property. But he didn't come out of the car, pnwmom Jun 2012 #250
it doesn't take much imagination to know what's wrong with the poster you've addressed frylock Jun 2012 #137
Obviously what's wrong with me is that I don't engage in ad hominem attacks. AnotherMcIntosh Jun 2012 #142
We've all seen the video OrwellwasRight Jun 2012 #242
A menacing way dpibel Jun 2012 #120
"So far, being a rowdy drunk is still not a capital crime", Too bad because I'd like to see bahrbearian Jun 2012 #128
He's not in jail? AnotherMcIntosh Jun 2012 #143
You're eyes are doing a pretty good job lying to you. pnwmom Jun 2012 #123
Anyone can look at the video at 1.30 and see that "those guys" WERE NOT "holding their hands AnotherMcIntosh Jun 2012 #141
The victim was on his own property. The shooter had left his home to complain about NOISE. pnwmom Jun 2012 #146
That's all the video shows you? It doesn't show you "those guys holding their hands up above their AnotherMcIntosh Jun 2012 #156
I'm taking the side of an unarmed man on his own driveway who was shot by an angry, paranoid pnwmom Jun 2012 #159
What if... sarisataka Jun 2012 #167
Screw "what if". We should be more concerned with "what did". Heywood J Jun 2012 #195
I'd think they'd have been justified pnwmom Jun 2012 #211
Why would they be justified in attempting to disarm him sarisataka Jun 2012 #225
I said morally justified, not legally justified. I wouldn't have blamed them pnwmom Jun 2012 #226
There I can agree sarisataka Jun 2012 #227
Wait a minute OrwellwasRight Jun 2012 #243
I am speaking of legalities sarisataka Jun 2012 #245
Their legal justification is clear: OrwellwasRight Jun 2012 #249
You still miss the point sarisataka Jun 2012 #252
I don't miss the point. OrwellwasRight Jun 2012 #253
I think we reached middle ground here sarisataka Jun 2012 #255
Unfortunately, common sense is far too uncommon! OrwellwasRight Jun 2012 #268
what if your aunt had nads? frylock Jun 2012 #212
If I am taking a side, I am taking the side of verifiable evidence instead of speculation. AnotherMcIntosh Jun 2012 #168
The video is only part of the evidence given in the courtroom, pnwmom Jun 2012 #213
You've said this twice now, and it's self-contradictory FiveGoodMen Jun 2012 #174
"A handgun is for shooting your way to your rifle..." AnotherMcIntosh Jun 2012 #178
So, Rodriguez was going for a rifle? boppers Jun 2012 #186
There is no doubt that the shooter was the ONLY one with a gun. pnwmom Jun 2012 #214
Golly, maybe the poster is taking the side of the person who isn't a murderous fuck DisgustipatedinCA Jun 2012 #198
LOL. That about sums it up. n/t pnwmom Jun 2012 #215
You missed part of the video, obviously...or perhaps didn't see the same one. beevul Jun 2012 #196
Courtroom testimony was that he entered the driveway. However, pnwmom Jun 2012 #216
So why would they leave their party and drive over to HIS house to confront HIM? Blue_Tires Jun 2012 #155
He is not "my boy Rodriguez." In modern America we don't use such phrases. AnotherMcIntosh Jun 2012 #161
OK; he's not "your boy"...Pardon the ebonics... Blue_Tires Jun 2012 #179
More "verifiable evidence" for you in #185 Blue_Tires Jun 2012 #204
The other attendees probably didn't have guns to drive home to get. pnwmom Jun 2012 #217
uh, yeah...he WAS killed over a noise complaint Blue_Tires Jun 2012 #145
I watched it- The man with the gun is at fault Marrah_G Jun 2012 #224
nobody saw this coming... especially gun nuts pushing for this madness fascisthunter Jun 2012 #84
hey it worked once... n/t neovente Jun 2012 #98
Not as clear cut as either side would like sarisataka Jun 2012 #99
He went onto someone else's property and precipitated an argument that escalated into a fight slackmaster Jun 2012 #102
Its not clear whos property hes on... beevul Jun 2012 #108
I can't tell what's going on in the video, but I can't listen to the sound until I get home tonight slackmaster Jun 2012 #111
More video here beevul Jun 2012 #121
The full video would be helpful sarisataka Jun 2012 #152
Absolutely. 100%. AnotherMcIntosh Jun 2012 #162
Thank you. I'm aware that you're very pro 2nd Amendment DisgustipatedinCA Jun 2012 #199
The video provides the best evidence. See #83. AnotherMcIntosh Jun 2012 #125
He claimed he was 200 feet away, but plenty of driveways are that long. pnwmom Jun 2012 #131
The video at #83 provides the best evidence. It doesn't show that "They were standing with their AnotherMcIntosh Jun 2012 #139
No one else had a gun! Any paranoid person, like this shooter, can see a bulge and pnwmom Jun 2012 #147
If anyone wants to follow your link to see whether it does or does not establish that "No one else AnotherMcIntosh Jun 2012 #164
"He was the one with the gun." THE ONE. You don't have to follow a link, pnwmom Jun 2012 #236
you can see the lights of the house. it's far back from the filmer. you can see the filmer is HiPointDem Jun 2012 #282
The video was more than 22 minutes long, and that video is only a few minutes. pnwmom Jun 2012 #285
i agree he precipitated everything. but the video doesn't show him on their property, & it does HiPointDem Jun 2012 #293
They're laughing because they were drunk and/or stupid. But they weren't paranoid pnwmom Jun 2012 #294
you seem to think you need to convince me of something i've already acknowledged. you don't. HiPointDem Jun 2012 #296
I guess I don't know why it matters if the partygoers jumped him. It's still his fault, right? pnwmom Jun 2012 #297
did we watch the same video? yes, they were angry, cursing, & threatening. the guy started it, HiPointDem Jun 2012 #298
Yes we did. As you said before, they were LAUGHING just as the video ended. pnwmom Jun 2012 #299
laughing not in a fun way. i thought that both parties appeared threatening at different times, HiPointDem Jun 2012 #300
"I'm not going to lose to these people anymore," he said -- laughter, and then the gun went off. pnwmom Jun 2012 #301
Nonsensical OrwellwasRight Jun 2012 #244
May I enlighten you sarisataka Jun 2012 #246
No, my scenario has nothing to do with "terroristic threats" OrwellwasRight Jun 2012 #251
Did you miss the truck? sarisataka Jun 2012 #254
No, I saw the truck. OrwellwasRight Jun 2012 #256
I think we may not be totally eye to eye sarisataka Jun 2012 #257
Why should he have felt fearful? He didn't have to stand his ground. All he had to do pnwmom Jun 2012 #258
Tactically unsound sarisataka Jun 2012 #259
He couldn't have, you know, STAYED IN HIS HOUSE? Cosmocat Jun 2012 #283
So he's claiming "Stand your ground". Hells Liberal Jun 2012 #100
Actually, as verified by the link, he's claiming self-defense. Others who are opposed to him, but AnotherMcIntosh Jun 2012 #165
Wild Wild West. These idiots are using this law to kill people. sarcasmo Jun 2012 #103
He was standing on the victim's ground. McCamy Taylor Jun 2012 #104
He was standing in the street. GreenStormCloud Jun 2012 #113
The victim isn't saying anything because he's dead. And the article says pnwmom Jun 2012 #116
Watch the video. Its in this thread. N/T GreenStormCloud Jun 2012 #118
That video was the first one I saw and it shows he's the aggressor. n/t pnwmom Jun 2012 #124
I agree that he is the agressor, but he is still in the street. N/T GreenStormCloud Jun 2012 #136
You can't tell that from the video. My driveway is more than 300 feet long. And the testimony pnwmom Jun 2012 #144
So what that your driveway is long? His wasn't. GreenStormCloud Jun 2012 #171
I'm judging from the courtroom testimony that it took place pnwmom Jun 2012 #189
You mean that you are judging from the MSM reporting. GreenStormCloud Jun 2012 #220
True. But several media sources reported the same testimony. pnwmom Jun 2012 #221
What driveway? GreenStormCloud Jun 2012 #229
How do you know where the location is? pnwmom Jun 2012 #232
Regardless of how long your driveway is, Danaher says at 1.52 that they are in the street AnotherMcIntosh Jun 2012 #172
The courtroom testimony says they were in the driveway. pnwmom Jun 2012 #190
At 1.52 in the video, Danaher says that they are in the street and that he is going to return. AnotherMcIntosh Jun 2012 #170
If he setup a video then went armed with a gun it was premeditated murder. nt cstanleytech Jun 2012 #117
I watched the video... it's not cut-and-dried to me renate Jun 2012 #119
So what if one of the guys said he could go back in the house and get a gun? pnwmom Jun 2012 #126
well, sure--this is why stand your ground laws are bullshit renate Jun 2012 #150
It should never be a defense when you're standing in someone else's driveway, pnwmom Jun 2012 #153
Reasonable and imminent dpibel Jun 2012 #160
How exactly do you "stand your ground" by taking a weapon onto toddwv Jun 2012 #148
SYG while standing in someone else's driveway? Blue_Tires Jun 2012 #133
He doesn't stand a chance with that defense. JoeyT Jun 2012 #169
If he thought his neighbor was dangerous Ilsa Jun 2012 #176
It's likely that he will be convicted. The MSM is reporting things which are at odds with the video AnotherMcIntosh Jun 2012 #177
I watched the same video you did and I saw no one threaten him at all. pnwmom Jun 2012 #191
He shined a flashlight in their eyes? KansDem Jun 2012 #200
"Former neighbors, union: Rodriguez 'always paranoid'" boppers Jun 2012 #185
Here we go...Just as I'd been saying all along... Blue_Tires Jun 2012 #203
They voted him out of the union rather than guiding him to get treatment for a mental disorder? slackmaster Jun 2012 #218
I'm interested to know more about that... Blue_Tires Jun 2012 #230
Yes. I've seen a lot of people go untreated because friends and family got tired of their crap. slackmaster Jun 2012 #231
however, friends don't let mentally unbalanced friends own guns wordpix Jun 2012 #269
Mentally unbalanced people often don't have friends. GreenStormCloud Jun 2012 #271
I'm sure the teacher had a gold tooth. U4ikLefty Jun 2012 #187
I am certain that if everyone involved was packing heat and using their 2nd ammendment rights (sic) grantcart Jun 2012 #210
Nah, you'd have a 21st-century version of the "O.K. Corral" KansDem Jun 2012 #260
So, let me get this straight... Tommykun Jun 2012 #219
The only part that isn't quite right -- pnwmom Jun 2012 #237
I'm just not surprised by this backaroo LanternWaste Jun 2012 #222
Fucking GUn Nuts just looking and hoping for a chance to shoot someone JI7 Jun 2012 #247
I don't even have to watch the video to know this man should be publically hung. Unite2DefeatGOP Jun 2012 #279
Welcome to DU! Fumesucker Jun 2012 #291
I don't think "Stand Your Ground" works as a defense when your ground is the victim's driveway. yellowcanine Jun 2012 #302
 

Scootaloo

(25,699 posts)
2. What, don't YOU pack heat when you talk to your neighbors about something?
Thu Jun 7, 2012, 04:38 PM
Jun 2012

Besides, if the Gungeoneers are to be believed, the fact that he legally owned his firearm absolves him of all criminality. Don't you know, criminals only use illegally-obtained weapons? Hell, they're practically a different species, and there's absolutely no overlap between "thugs" and "gun owners." Since he's a legal gun owner he's clearly NOT a thug and thus not a criminal and so, not guilty!

Gungeon logic. It burns.

Common Sense Party

(14,139 posts)
8. Really? Please provide a link of a Gungeoneer who says that legal possession of a firearm
Thu Jun 7, 2012, 04:45 PM
Jun 2012

absolves the owner of all criminality.

 

Scootaloo

(25,699 posts)
12. Read the fucking gungeon
Thu Jun 7, 2012, 04:55 PM
Jun 2012

This is the logic that underlies the entire place.

There are two kids of humans; criminals and non-criminals;
ALL criminals use ONLY weapons they've acquired illegally;
Both criminals and their illegal firearms comes from thin air;
If you own a gun legally, you are by definition a "law abiding citizen."

Show me a Gungeon post that admits that "law-abiding gun owners" with legal firearms are the primary source of criminals who use guns as their weapon of choice ala Zimmerman and Rodriguez, and I'll concede your point.

In your search, I'm sure you'll find plenty to back up my claims of the gungeon logic wherein there is absolutely never any overlap between gun owners and criminals.

 

Scootaloo

(25,699 posts)
27. Trouble is, sifting through all of it would be like going through TV Tropes
Thu Jun 7, 2012, 05:18 PM
Jun 2012

I'd get stuck there arguing the meatheads, and never get a chance to get back with you

Don't suppose you can provide me with what I'm looking for either, though?

 

SGMRTDARMY

(599 posts)
166. So in other words
Thu Jun 7, 2012, 09:21 PM
Jun 2012

you don't have a link and I'm calling bullshit to your claim of someone saying that except maybe the odd anti gun poster here and there but I've not seen a responsible gun owner say that yet.

 

Scootaloo

(25,699 posts)
188. No, "in other words" I didn't have time. Which isn't really "other words," but hey
Fri Jun 8, 2012, 01:29 AM
Jun 2012
http://www.democraticunderground.com/?com=view_post&forum=1014&pid=134546
Here's one that comes to mind, wherein poster Hack refuses to admit that there could be any overlap between gun owners and gun criminals. He also assures me the "demographics of crime are well-understood." Cough cough ahem.

Granted, it's LBN and not Gungeon. I'm sure there are others, this is just the one discussion I've found in my "My Posts" section.

Common Sense Party

(14,139 posts)
192. I don't see that he "refuses" to admit it. His argument is that the vast majority
Fri Jun 8, 2012, 03:28 AM
Jun 2012

of crimes are being committed by people who do NOT go through the trouble of applying to the state for a CCW permit. And that, I hope YOU will admit, is true and obvious.

But thanks for pointing us to that exchange, where you bring up another curious perception--misperception, really--about us Gungeonistas:

the Gungeon and its posters would have us believe that America is in the grips of a murderous crime wave, and everyone, everyone should be armed and afraid.


Is this more of your "absurd" hyperbole? When have you heard ANYONE in the Gungeon say that EVERYONE should be armed?

I will, at present, endeavor to overlook your immature name-calling ("the pack of flippered and bug-eyed mutants&quot and hope that you can take a more...shall we say, open-minded view of those of us who support the right to keep and bear arms?
 

Scootaloo

(25,699 posts)
194. Who said anything about CCW?
Fri Jun 8, 2012, 04:17 AM
Jun 2012

It seems to be a reflexive, knee-jerk jump by people such as yourself, actually. I'm talking about people who legally own guns and commit crimes with them, and you immediately jump up with "B-b-but... CCW NUMBERS!!!!!" As if people with CCW permits are the only real gun owners? Only criminal acts perpetrated by CCW holders "count"?

So lot me get it through your head; CCW holders are a subset of gun owners. What their "record" is is not relevant to my point. They're saints? Okay, good for them, that still leaves plenty of other gun owners who are not CCW holders. Your attempts to deflect the argument to JUST CCW holders is disingenuous and ineffective.

My point remains, there is overlap between gun owners and gun criminals. And here you are trying to evade that point by cherry-picking just CCW holders. So soon after you admitted the point, too. Guess my criticism was pretty spot-on, huh? Just can't accept that not every commission of crime with a gun can be laid at the hands of some anonymous "thug" with an "illegal weapon" can you? And you were so close.

I frankly don't care if you support the second amendment or not. It's not my beef. I'm sure you're the vanguard of liberty, unlike those poor serfs in Canada laboring under the tyrannical and oppressive regime of gun-registering commies. Good for you. My beef is when you make no fucking sense whatsoever and try to tell me that only CCW holders "count" in gun crime statistics in relation to legal gun owners.

Moses2SandyKoufax

(1,290 posts)
28. I recall several posts made by many of our pro-gun "progressives"
Thu Jun 7, 2012, 05:19 PM
Jun 2012

claiming that ccw'ers were, on average, more law-abiding, level-headed, peaceful, and even tempered than the average citizen.

Common Sense Party

(14,139 posts)
32. Not quite the same thing as "absolves him of all criminal liability," now is it?
Thu Jun 7, 2012, 05:23 PM
Jun 2012

CCW'ers are, actually, more law-abiding on average.

Moses2SandyKoufax

(1,290 posts)
38. I doubt that.
Thu Jun 7, 2012, 05:34 PM
Jun 2012

It's been my observation that CCW'ers are more frightened, paranoid, and angry than average.

Hell, what do I know? I've made conscientious efforts in life to avoid religious zealots, gun-nuts, and the type of people who feel the need to take their gun with them to the grocery store.

Common Sense Party

(14,139 posts)
40. What do you know? How many CCW'ers do you know?
Thu Jun 7, 2012, 05:41 PM
Jun 2012

I know hundreds, and none of them are frightened, paranoid or angry.

Maybe you hang out with the wrong crowd.

Moses2SandyKoufax

(1,290 posts)
45. I go by what I read on gun forums.
Thu Jun 7, 2012, 05:50 PM
Jun 2012

What I read on the more heavily populated ones doesn't exactly dispel the notion or stereotype(s) of the frightened, paranoid, angry, racist gun-nut.

I know zero CCW'ers. I'm lucky enough to live in a civilized part of the country that doesn't enact laws that protect and empower these types.

GreenStormCloud

(12,072 posts)
78. Perhaps you should look at some real statistics.
Thu Jun 7, 2012, 06:42 PM
Jun 2012

It so happens that Texas keeps detailed records of the convictions of Concealed Handgun License holders and publishes them on the internet, annually. Here is the site for convictions rate for every type of felony. As you can see, for most types of felonies there are zero (0) CHL convictions. For all forms of murder there is only one (1) CHLer convicted in 2009 versus over 600 convictions for the general population. There were over 402,000 people with CHLs in Texas that year. http://www.txdps.state.tx.us/rsd/chl/reports/convrates.htm

Here is a chart that shows the rate of CHL felony convictions against the general population.
"
Red bars are CHL conviction rates, blue bars are general population conviction rates.

In most states, when a person applies for a CCW, they are heavily screened before the permit is issued. An applicant has to pass an FBI background investigation, (fingerprints taken and checked), take and pass a class that includes self-defense law, and demonstrate proficiency by live fire on a range.

CCWs, in most states, are only given to citizens that have demonstrated that they are law-abiding people. That is why we have such an excellent record.

OrwellwasRight

(5,170 posts)
240. Having fewer murder convictions is
Fri Jun 8, 2012, 06:30 PM
Jun 2012

in no way the same as saying "more law-abiding on average." "Laws" include all kinds of things, like not commiting fraud, not cheating on taxes, not texting while driving, etc. Where is your evidence that you are morally superior to me, on average?

GreenStormCloud

(12,072 posts)
261. Here you are:
Sat Jun 9, 2012, 10:07 AM
Jun 2012

You seem not to have noticed the graph in my post. It was total convictions. I even posted the link but you obviously didn't click on it. But if you insist:

I bolded a few that may be of special interest.

Offense---------------------------------------------Total Convictions------CHL Holders Convictions-----CHL %
ABANDON ENDANGER CHILD CRIMINAL NEGLIGENCE---- 589------------------ 0------------------- 0.0000%
ABANDON ENDANGER CHILD IMMINENT DANGER BODI--- 72-------------------0-------------------0.0000%
ABANDON ENDANGER CHILD W/INTENT TO RETURN---- 138-------------------0------------------0.0000%
ABANDON ENDANGER CHILD W/O INTENT TO RETURN----21-------------------0------------------0.0000%
AGG ASSAULT AGAINST PUBLIC SERVANT--------------156-------------------1-------------------0.6410%
AGG ASSAULT AGAINST SECURITY OFFICER--------------4-------------------0-------------------0.0000%
AGG ASSAULT BY PUBLIC SERVANT----------------------12------------------0------------------0.0000%
AGG ASSAULT CAUSES SERIOUS BODILY INJ------------784------------------3-----------------0.3827%
AGG ASSAULT DATE/FAMILY/HOUSE W/WEAPON--------118------------------0-----------------0.0000%
AGG ASSAULT IN RETALIATION---------------------------3------------------0-------------------0.0000%
AGG ASSAULT W/DEADLY WEAPON-------------------2,603------------------4-----------------0.1537%
AGG KIDNAPPING--------------------------------------141------------------0-------------------0.0000%
AGG KIDNAPPING BI/SEXUAL ABUSE----------------------1-------------------0-------------------0.0000%
AGG KIDNAPPING BI/SEXUAL ABUSE SAFE RELEASE--------0-------------------0--------------------0.0000%
AGG KIDNAPPING FACILITATE----------------------------0-------------------0-------------------0.0000%
AGG KIDNAPPING FACILITATE SAFE RELEASE--------------1-------------------0----------------0.0000%
AGG KIDNAPPING FOR RANSOM/REWARD-------------------2------------------0-------------------0.0000%
AGG KIDNAPPING FOR RANSOM/REWARD SAFE RELEA-------0------------------0----------------0.0000%
AGG KIDNAPPING INTERFERE PERFORMANCE----------------0------------------0----------------0.0000%
AGG KIDNAPPING INTERFERE PERFORMANCE SAFE R--------0------------------0-----------------0.0000%
AGG KIDNAPPING RELEASE VICTIM SAFEPLACE-------------6-----------------0-------------------0.0000%
AGG KIDNAPPING TERRORIZE------------------------------2------------------0------------------0.0000%
AGG KIDNAPPING TERRORIZE SAFE RELEASE---------------0------------------0------------------0.0000%
AGG KIDNAPPING USE AS SHIELD/HOSTAGE----------------0-----------------0------------------0.0000%
AGG KIDNAPPING USE AS SHIELD/HOSTAGE SAFE REL-------0-----------------0-----------------0.0000%
AGG ROBBERY----------------------------------------1,845-----------------0---------------------0.0000%
AGG SEXUAL ASSAULT--------------------------------202------------------0-------------------0.0000%
AGG SEXUAL ASSAULT CHILD-------------------------1,350----------------13---------------------0.9630%
AGG SEXUAL ASSAULT OF ELDERLY/DISABLED PERSO------33----------------0------------------0.0000%
AIDING SUICIDE/SBI-------------------------------------0-----------------0-----------------0.0000
ASSAULT AGAINST ELDERLY OR DISABLED INDIVIDUAL-----28-----------------0------------------0.0000%
ASSAULT AGAINST GOVERNMENT CONTRACTOR/EMP--------1----------------0------------------0.0000%
ASSAULT AGAINST SPORTS PARTICIPANT------------------4----------------0--------------------0.0000%
ASSAULT CAUSES BI CONVICTED ANOTHER STATE----------2----------------0----------------------0.0000%
ASSAULT CAUSES BI RETALIATION W/GOVERN--------------0----------------0----------------------0.0000%
ASSAULT CAUSES BODILY INJ--------------------------8,443---------------14-------------------0.1658%
ASSAULT CAUSES BODILY INJ DATE/FAMILY/HOUSE------1,425----------------2------------------0.1404%
ASSAULT CAUSES BODILY INJURY FAMILY VIOLENCE-----20,290---------------7-------------------0.0345%

ASSAULT ON SECURITY OFFICER--------------------------6------------------0---------------------0.0000%
ASSAULT PUBLIC SERVANT------------------------------662-----------------1-------------------0.1511%
BURGLARY HABITATION INTEND OTHER FELONY-----------290-----------------0-------------------0.0000%
BURGLARY HABITATION INTEND SEX OFFENSE--------------29-----------------0--------------0.0000%
BURGLARY OF BUILDING---------------------------------4,231----------------1---------------------0.0236%
BURGLARY OF HABITATION-------------------------------4,738---------------0--------------------0.0000%
CAPITAL MURDER ANOTHER PERSON IN PRISON--------------0-----------------0-----------------0.0000%
CAPITAL MURDER BY TERROR THREAT/OTHER FELON---------25----------------0------------------0.0000%
CAPITAL MURDER FOR RETALIATION JUDGE/JUSTICE----------0----------------0--------------------0.0000%
CAPITAL MURDER OF A PEACE OFFICER OR FIREMAN---------19----------------0-----------------0.0000%
CAPITAL MURDER OF MULTIPLE PERSONS-------------------10-----------------0-------------------0.0000%
CAPITAL MURDER PERSON UNDER SIX YEARS OF AGE--------11-----------------0--------------0.0000%
CAPITAL MURDER PERSON WHILE ESCAPING/ATTEMP---------2-----------------0---------------------0.0000%
CAPITAL MURDER WHILE REMUNERATION---------------------1-----------------0------------------0.0000%
COERCE SOLICIT INDUCE GANG MEMBERSHIP-----------------1-----------------0-------------------0.0000%
COERCE SOLICIT INDUCE GANG MEMBERSHIP BI---------------0----------------0--------------------0.0000%
CRIMINAL NEGLIGENT HOMICIDE----------------------------67-----------------0--------------------0.0000%
DEADLY CONDUCT---------------------------------------1,510---------------19------------------1.2583%
DEADLY CONDUCT DISCHARGE FIREARM---------------------343----------------1--------------------0.2915%

DEADLY WEAPON IN PENAL INSTITUTION-------------------19------------------0-------------------0.0000%
DISPLAY HANDGUN LICENSE REFUSAL 2ND------------------0-------------------0-----------------0.0000%
HARASSMENT BY PERSON IN CORRECTIONAL/DETENT--------59-----------------0--------------------0.0000%
HARRASSMENT OF PUBLIC SERVANT-----------------------154-----------------0-----------------0.0000%
HOAX BOMB WEAPONS FREE ZONE--------------------------0-----------------0---------------------0.0000%
HOAX BOMBS----------------------------------------------2-----------------0---------------0.0000%
IMPROPER PHOTO/VISUAL RECORDING AROUSE/GRA----------9-----------------0-----------------0.0000%
IMPROPER PHOTO/VISUAL RECORDING W/OUT CONSE-------31-----------------0-------------0.0000%
IMPROPER RELATIONSHIP BETWEEN EDUCATOR/STU--------26-----------------0-------------------0.0000%
INDECENCY W/A CHILD EXPOSES-------------------------179-----------------1-----------------0.5587%
INDECENCY W/CHILD SEXUAL CONTACT------------------1,228----------------8-------------------0.6515%
INDECENT EXPOSURE-------------------------------------607----------------0---------------0.0000%
INJURY CHILD/ELDERLY/DISABLE RECKLESS SBI/MENT--------68----------------0--------------------0.0000%
INJURY CHILD/ELDERLY/DISABLE W/INT BODILY INJ---------513----------------0------------------0.0000%
INJURY CHILD/ELDERLY/DISABLE W/INT SBI/MENTAL---------75----------------0---------------------0.0000%
INJURY CHILD/ELDERLY/DISABLED CRIMINAL NEGLIGE---------38----------------0------------0.0000%
INJURY CHILD/ELDERLY/DISABLED RECKLESS BODILY--------122----------------0----------------0.0000%
KIDNAPPING-----------------------------------------------55----------------0-------------0.0000%
MANSLAUGHTER------------------------------------------105----------------0--------------------0.0000%
MURDER--------------------------------------------------406----------------1--------------------0.2463%
MURDER UNDER INFLUENCE OF SUDDEN PASSION-------------3-----------------0--------------------0.0000%
OWNER/OPER/EMP GROUP/NURSE W/INT DISABLE/EX---------2-----------------0-----------------0.0000%
OWNER/OPERATOR/EMP GROUP/NURSE W/INT VIOL-----------1-----------------0----------------------0.0000%
OWNER/OPR/EMP GRP/NURSE NEGL.PC 22.04(a)(1)------------0-----------------0--------------------0.0000%
OWNER/OPR/EMP GRP/NURSE NEGL.PC22.04(g)----------------0----------------0---------------------0.0000%
OWNER/OPR/EMP GRP/NURSE RECKLESS PC 22.04(e)----------0-----------------0---------------------0.0000%
OWNER/OPR/EMP GRP/NURSE RECKLESS PC 22.04(f)-----------1-----------------0---------------------0.0000%
PLACE WEAPONS PROHIBITED------------------------------173-----------------0----------------------0.0000%
PROH WEAPON--------------------------------------------153-----------------0-----------------0.0000%
PROH WEAPON SWITCHBLADE/KNUCKLE WEAPONS F-----------4-----------------0-------------------0.0000%
PROH WEAPON SWITCHBLADE/KNUCKLES-------------------912------------------1-------------------0.1096%
PROH WEAPON/WEAPONS FREE ZONE------------------------1-------------------0-------------------0.0000%
PUBLIC LEWDNESS-----------------------------------------318-----------------0------------------0.0000%
ROBBERY-----------------------------------------------1,913------------------0------------0.0000%
SEXUAL ASSAULT-----------------------------------------257-----------------0------------------0.0000%
SEXUAL ASSAULT CHILD-----------------------------------671-----------------3-------------------0.4471%
SEXUAL ASSLT BIGAMY--------------------------------------1------------------0------------------0.0000%
SEXUAL ASSLT PROH/PURPORT SPOUSE----------------------3--------------------0---------------0.0000%
SEXUAL ASSLT PROH/PURPORT SPOUSE UNDER 14YO-----------3------------------0--------------0.0000%
TERRORISTIC THREAT-----------------------------------------1,622-------------4---------------------0.2466%
TERRORISTIC THREAT AGAINST PUBLIC SERVANT-----------------99--------------0----------------------0.0000%
TERRORISTIC THREAT IMPAIR PUBLIC/GOV SERVICE----------------6--------------0----------------------0.0000%
TERRORISTIC THREAT INTERRUPT PUBLIC PLACE----------------218---------------0---------------------0.0000%
TERRORISTIC THREAT OF FAMILY/HOUSEHOLD------------------695---------------2----------------0.2878%
UNL CARRY HANDGUN LIC HOLDER--------------------------------165-------------31-------------------0.2500%
UNL CARRY HANDGUN LIC HOLDER ALCH PREM/CORR---------------2---------------0-----------0.0000%
UNL CARRY WEAPON/WEAPONS FREE ZONE-----------------------7---------------0--------------------0.0000%
UNL CARRYING WEAPON--------------------------------------2,523--------------9--------------------0.3567%
UNL CARRYING WEAPON ON ALCOHOL PREMISES-------------------75-------------1------------------1.3333%

LINK:http://www.txdps.state.tx.us/RSD/CHL/Reports/ConvictionRatesReport2009.pdf

OrwellwasRight

(5,170 posts)
265. Hmmmm....
Sat Jun 9, 2012, 01:19 PM
Jun 2012

These statistics are only for basically violent crimes and only for Texas. Even assuming that those who commit crimes are always convicted, I don't think this proves, that "on average those who have concealed carry permits are more law abiding than those who don't."

It doesn't even prove anything about the rate of convictions unless we know the percentage of the population who possesses a concealed carry permit. For crimes like burglary with an intent to commit a sex offense, the raw #s are 29 to 0, which might be completely representative of overall populations of each category or person, so it may mean nothing "on average."

I think what it proves is that "In Texas, those who have concealed carry permits have fewer violent crime convictions than those who do not." On that, I would clearly agree.

But the far broader statement that people with gun permits are "generally more law abiding" is ridiculous. Where are the statistics on illegal parking, speeding tickets, illegal drug use, petty theft, receiving stolen goods, tax fraud, blackmail, stock fraud, a whole host of other crimes? Where are the statistics for other states? Not there. So let's not interpolate.

GreenStormCloud

(12,072 posts)
270. More data:
Sat Jun 9, 2012, 01:54 PM
Jun 2012

Texas adult population: About 18,000,000. In 2009 there were 402,914 CHL holders. You can do the math. LINK: http://www.txdps.state.tx.us/rsd/chl/reports/demographics.htm

Lots of other information at that site about CHL holders too. For instances, we are overwhelmingly urban.

Violent crimes are the ones of concern. People who are against CCW are fond of claiming that we are a violent threat to society. This proves that we are not.

Out of the 38 states that are shall-issue, none have seen any movement to repeal it. That strongly suggests that it is working well in those states.

There is no reason to believe that the Texas experience is different from other states with similar laws.

The reason that CHLers have such a good record is because we are heavily screened before the license is issued. We have to submit to fingerprints being taken and matched, an FBI background investigation, and other requirements. Demographics (same link) show that the peak age for first issue is age 52. By that time a criminal has usually been caught at least once, has a record, and would be denied a license. The CHL is only issued to those who have clean records. Criminals are screened out, and that covers the rest of your crime list, except petty stuff like getting a traffic ticket. (I got a two of those since getting my CHL in 2005.)

OrwellwasRight

(5,170 posts)
272. So that's about 2%.
Sat Jun 9, 2012, 05:30 PM
Jun 2012

So, you would expect the number of crimes to be much lower because they are such a small percent of the population. To reveal meaningful data, you'd have to take your raw numbers and calculate whether the deviations from the expected conviction rate of 2% of the non-concealed carry conviction rate were statistically significant--from eyeballing it, many of them probably are. If you did this work and verified statistical significance across a broad spectrum of crimes, you'd then have some convincing data, but again, only for Texas, only for the crimes listed, and only so much as you had evidence that convictions are a reliable proxy for the true underlying rate of law violations.

To you, violent crimes may be the ones of concern. To me, bald statements of moral superiority (such as "CCW'ers are, actually, more law-abiding on average.&quot are of concern -- and this statement was not made by you, but your chart was used to defend it. However, even by your own terms, you don't have a causal relation--people don't become more moral or less violent once they have a gun permit -- they had fewer convictions to begin with. I am sure there are millions of people in Texas who also lack convictions for all the crimes on your list and who also lack gun permits, which again begs the question.

I find no evidence for such overly broad statements of underlying law-abidingness in your data, so we'll just have to agree to disagree.

GreenStormCloud

(12,072 posts)
274. Certainly there are millions who could qualify for a CHL but don't want one...
Sat Jun 9, 2012, 06:27 PM
Jun 2012

...or can't afford one.

That data doesn't matter because when you go out in the general public, you are surround by - the general public. You aren't able to surround yourself only by people who could get a CHL but don't. You are surrounded by both violent criminals and non-violent citizens and you don't know who is whom. Many people who want to limit gun violence attempt to do so by backing laws that would be obeyed only by people who are not a threat, but might be able to save them from violence. Violent criminals would ignore such laws just the way they already ignore gun laws. CHLers save more innocent lives than are taken by CHLers in every year in Texas. (Yes, I can show state collected stats on that too.)

I never claimed that people become more or less violent with a CHL. I claimed, if you would bother to read, that we are heavily screened to keep criminals out, and that the screening is successful.

It is up to you to demonstrate that the Texas experience is unique to Texas.

Since the Guns debate is about violence, I am not concerned about parking tickets.

OrwellwasRight

(5,170 posts)
276. No, the debate is about what claims are made in the debate.
Sat Jun 9, 2012, 07:25 PM
Jun 2012

And your compatriot claimed in post #32, as I have quoted numerous times, that "CCW'ers are, actually, more law-abiding on average." When another poster called that for the BS it is, you tried to back up the claim by posting very limited raw data on Texas that I have debunked in several posts (there is no information on which crimes demonstrate statistically significant convictions rates between gun carriers and non-gun carriers; no information on how convictions rates compare to actual underlying rates of law breaking; no national or worldwide information; and no information on crimes not on your limited list).

And putting the onus on me to prove what things are like outside Texas may sound clever to you, but that is not how science works. You can't take an observation about rats and purport that it applies to all mammals until somebody disproves it. Doesn't work that way. Everything has to be proven, nothing assumed. So when a broad statement is made about all non-concealed carry weapon holders being less law abiding, and no limits are put on that statement (such as time, space, or list of crimes), the entire statement has to be proved by the person making the asserting.

So, as I said before, you can continue to believe unproved statements like "CCW'ers are, actually, more law-abiding on average."

As for me, I think that that is ridiculous and will continue to think so -- and to be offended to be lumped into a "non-law-abiding" stereotype simply because I don't like to shoot people.

Enjoy the rest of your Saturday. I am done with this conversation.

bahrbearian

(13,466 posts)
47. I know a lot too and yes they are Frightened and Paranoid, thats why they Pack everywhere.
Thu Jun 7, 2012, 05:55 PM
Jun 2012

The CCW'ers that have the permit and don't pack everywhere, aren't so frightened. So you know hundreds? Do you know anyone that doesn't pack.

 

Plucketeer

(12,882 posts)
55. I was wondering about that statement too...........
Thu Jun 7, 2012, 06:12 PM
Jun 2012

.."knows hundreds" - as in two or more hundreds. I've met and can recognize a fair number of folks, but I'd be really hesitant to say I "know" them. And these hundreds of "packers" that are known - is there like a special handshake to indicate one is packing? Do they fold back the flap of their jacket, or raise the concealing pantleg when they walk up to someone they've never dealt with before?

Right hand extended for a shake - left hand raising garment to reveal piece..... "Hi, my name's Mark, and I carry a .38."

Common Sense Party

(14,139 posts)
59. Do you wear a seat belt? If so, why? Are you frightened and paranoid?
Thu Jun 7, 2012, 06:14 PM
Jun 2012

I know hundreds of permit holders, in person and online. Some pack everywhere. Some--myself included--rarely carry, but we will if we feel like it.

I don't know the paranoid ones you speak of.

DocMac

(1,628 posts)
70. Do you believe in Jesus? If so,
Thu Jun 7, 2012, 06:26 PM
Jun 2012

why would you be so afraid of being killed? Wouldn't you be right where you wanted to be? It would have been the will of God and you can't run from it.

bahrbearian

(13,466 posts)
73. Ya I wear a seat belt , because I'm Afraid some idiot will run into me,, I don't pack anymore
Thu Jun 7, 2012, 06:28 PM
Jun 2012

because I've weighted the dangers of guns.

Common Sense Party

(14,139 posts)
127. No, I won't admit to something so blatantly untrue.
Thu Jun 7, 2012, 07:46 PM
Jun 2012

On the very rare occasions I carry, I consider myself prepared, not paranoid.

Just as when I click my seatbelt. Just as when I charge my fire extinguishers and pay my insurance premiums.

There is nothing wrong with being prepared--especially when it is completely legal and I have every right to do so.

 

slackmaster

(60,567 posts)
95. I've always used one since I was a kid, long before their use was required
Thu Jun 7, 2012, 07:09 PM
Jun 2012

The only time I didn't use one was when the family car didn't have them.

BlancheSplanchnik

(20,219 posts)
105. but did you use your seatbelt because you're paranoid and frightened?
Thu Jun 7, 2012, 07:21 PM
Jun 2012

That was the false equivalence Mr. Common Sense proposed.

 

slackmaster

(60,567 posts)
110. I use it because I want to increase my chances of survival in the event of a violent collision
Thu Jun 7, 2012, 07:26 PM
Jun 2012

Just as I keep a fire extinguisher in my kitchen to increase the chance I'll be able to save my home from an unplanned fire.

Response to Common Sense Party (Reply #59)

loudsue

(14,087 posts)
57. "NONE"????? None of them are frightened, paranoid or angry??
Thu Jun 7, 2012, 06:13 PM
Jun 2012

I only know a couple who ARE NOT frightened, paranoid and angry...and I know 2 states full of gun owners.

Moses2SandyKoufax

(1,290 posts)
69. The vast majority of permit holders are rural and suburban white males....
Thu Jun 7, 2012, 06:24 PM
Jun 2012

The demographic that is statistically the LEAST likely to be the victim of a violent crime.

GreenStormCloud

(12,072 posts)
88. You have proof of that demographic?
Thu Jun 7, 2012, 07:00 PM
Jun 2012

The majority are white male, because white people are a majority of this nation. Most permit holders are men, but the number of women getting permits is increasing rapidly.

In Texas, 2010, whites made up 85% of CHLers. That leaves 15% who are non-white.
78% of CHLs were issued to males, leaving 22% of CHLs issued to females. While a minority that is still a lot of them.
http://www.txdps.state.tx.us/rsd/chl/reports/2010Calendar/ByRace/CY10RaceSexLicAppIssued.pdf

I challenge your claim that the majority are rural. Here is a breakdown by zip code: http://www.txdps.state.tx.us/rsd/chl/reports/2010Calendar/ByZipCode/CY10ZipCodeLicApplIssued.pdf
The rural zip codes have only one or two applicants apiece. The city zip codes have dozens and hundreds of applicants.

bahrbearian

(13,466 posts)
33. Ya, it all makes perfect sense, When I speak to people while holding a gun on them
Thu Jun 7, 2012, 05:26 PM
Jun 2012

they seem to agree with me on just about everything. Its kind of like when I torture people , I hear what I want to hear.

 

4th law of robotics

(6,801 posts)
228. On average more law abiding doesn't mean universally law abiding
Fri Jun 8, 2012, 02:43 PM
Jun 2012

On average men are taller than women. This is 100% true and there are plenty of stats to back it up.

Does this prove then that there is not a single man who is shorter than any other woman?

Of course not.

The funny thing about single data points, they don't make trends. That's why we took a major step forward as a species when we figured out "statistics" as a way to understand overall trends without necessarily taking in to account every personal anecdote as a proof of any larger truth.

 

PavePusher

(15,374 posts)
287. Got any evidence (like actual case studies of gun owners)....
Sun Jun 10, 2012, 03:37 PM
Jun 2012

to back up your claim?

Or is this merely a pathetic attempt to emotionally link gun owners to shitty fiction as a poor attempt at slander?

petronius

(26,602 posts)
44. Well, now that you actually have entered the Guns forum to defend this absurd
Thu Jun 7, 2012, 05:50 PM
Jun 2012

claim of yours, why don't you spend a few minutes poking around to find some evidence to support this accusation of yours? Because right now all you have is a totally unsupported and unjustified attack against other DUers...

 

4th law of robotics

(6,801 posts)
3. He went over to the other house with a gun and had set up a video-recording in advance?
Thu Jun 7, 2012, 04:38 PM
Jun 2012

Seems like he was planning on this outcome.

I'm guessing there's going to be a lot more to this story than is in that article. Seems like something that results from some longstanding feud.

 

rhett o rick

(55,981 posts)
4. SYG is the perfect law for bullies. They have to have an edge. Now they can pick a fight they might
Thu Jun 7, 2012, 04:40 PM
Jun 2012

otherwise lose and when threatened they can kill. Zimmerman had to follow Martin before he could get "threatened".

Blue_Tires

(55,445 posts)
138. That's been my issue from the start...
Thu Jun 7, 2012, 08:05 PM
Jun 2012

With a little planning, it's so easy to "bait" someone into a justified kill...

There was a case years ago (in Colorado?) where these two rural neighbors had an ongoing feud over some bullshit, so one of them shot and killed the other's dog knowing he'd be burning mad once he got home that afternoon...

Sure enough, as soon as the other guy comes home and sees the dog, he dashes to the neighbor's doorstep, beating on the door screaming and cussing, and he gets shot and killed through the screen...No charges pressed...

Common Sense Party

(14,139 posts)
5. Nope. That was NOT self-defense.
Thu Jun 7, 2012, 04:42 PM
Jun 2012

A noisy party is something for the cops to handle.

That man could have returned to the safety of his home at any time, but he chose not to.

obamanut2012

(26,080 posts)
262. To me, his videotaping shows the confrontation was premeditated
Sat Jun 9, 2012, 11:59 AM
Jun 2012

His "I am standing my ground" spiel, to me, shows he was intending to invoke the SYG Law after he got to be Jesse James and shoot someone.

H2O Man

(73,559 posts)
273. Exactly.
Sat Jun 9, 2012, 05:47 PM
Jun 2012

He viewed it as taping "evidence." The mere fact that he taped it should be used as strong evidence of premeditation.

 

sulphurdunn

(6,891 posts)
10. By this reasoning I suppose
Thu Jun 7, 2012, 04:51 PM
Jun 2012

you could trespass, even enter my home armed, (on whatever pretext you chose) say you feared for your life, then gun me down and call it self-defense if you used the stand your ground training vocabulary and took pictures. I blame the NRA and its political enablers for this kind of insanity.

pnwmom

(108,980 posts)
22. Exactly. And I saw a gun shop owner on TV saying Rodriguez did everything right.
Thu Jun 7, 2012, 05:10 PM
Jun 2012

Apparently, they're teaching in gun safety classes that if you say the magic words " I'm armed" "I'm in danger, " I'm going to shoot," etc., then you can go ahead and shoot.

Blue_Tires

(55,445 posts)
140. The sad part is he'd probably have a whole lot of believers
Thu Jun 7, 2012, 08:10 PM
Jun 2012

if that was a party full of black folks...

Half the media would be justifying it...It is funny though to see ABC with such a cut-and-dried "probably guilty" tone in the story compared to another certain case...

abelenkpe

(9,933 posts)
14. Noise complaint?
Thu Jun 7, 2012, 04:55 PM
Jun 2012

All one needs to do is call the police. They could have handled it and no one would be dead or in jail. How freaking difficult would that have been?

DocMac

(1,628 posts)
91. That's right!
Thu Jun 7, 2012, 07:04 PM
Jun 2012

I've had the cops come to my house when I was younger and never knew which neighbor it was.
I turned down the music and all was right with the world.

 

sulphurdunn

(6,891 posts)
208. Damn straight
Fri Jun 8, 2012, 10:10 AM
Jun 2012

Anyone who goes to someone's home to complain about the music during a party can assume that people there are probably drinking and that there will be trouble, especially if you bring a gun and wave it around. This fucker went there looking for trouble rather than waiting for the cops to arrive. His actions look like a pretext to commit murder.

wordpix

(18,652 posts)
267. OK, I need to shout this now: SHOOTER DID CALL THE POLICE "REPEATEDLY" before shooting
Sat Jun 9, 2012, 01:20 PM
Jun 2012

Got it? That was in the report but no one here seems to have watched it.

Turbineguy

(37,343 posts)
16. He probably should have consulted an attorney
Thu Jun 7, 2012, 04:56 PM
Jun 2012

familiar with this law.

People should remember to do that in case they decide to murder their neighbor.

enough

(13,259 posts)
20. A person is dead because this man thought SYG gave him the right to kill.
Thu Jun 7, 2012, 05:08 PM
Jun 2012

I think we can safely say at least that SYG laws are having a confusing effect on life in the US. It's quite clear that the SYG law played a large part in this man's view of his options for behavior. Even if he is convicted, it won't bring back the murder victim.

OrwellwasRight

(5,170 posts)
241. Beware of criticizing SYG laws.
Fri Jun 8, 2012, 06:40 PM
Jun 2012

Last time I did I was told that I didn't know anything about the law and that it could never be used as a defense in a shooting such as Trayvon Martin. Boy, do I stand corrected.

I think this case is a lot more egregious than Trayvon Martin's (in that this idiot was --apparently -- dumb enough to tape his agressive and clearly pre-planned attempt to go use his gun on his neighbors' party). However, the party is not over till the fat lady sings. And in this case SYG is not "irrelevant" to this case until a jury says so--knowing Texas, it is perfectly possible that a jury sides with the shooter. So glad I do not live there.

marble falls

(57,104 posts)
26. How is he standing his ground in someone else's driveway. Its not just ...
Thu Jun 7, 2012, 05:16 PM
Jun 2012

murder, its capital murder. He needs a very long prison sentence.

 

slackmaster

(60,567 posts)
53. Yes, standing your ground means staying where you are instead of running away
Thu Jun 7, 2012, 06:00 PM
Jun 2012

You can't take your ground with you wherever you go.

savalez

(3,517 posts)
72. The whole thing looks like a half assed
Thu Jun 7, 2012, 06:28 PM
Jun 2012

predetermined attempt to apply that law to the situation. I sure hope it doesn't work.

 

Hells Liberal

(88 posts)
106. I don't know about Texas
Thu Jun 7, 2012, 07:21 PM
Jun 2012

But here in Florida, SYG only applies to "Places one has a legal right to be." If he's in someone else's driveway uninvited, then he's a trespasser and SYG doesn't apply.

 

Woody Woodpecker

(562 posts)
31. Premediated murder
Thu Jun 7, 2012, 05:23 PM
Jun 2012

SYG law does not apply. Not even if you videotape yourself. That's just evidence for the prosecutor to put the death penalty on him.

pnwmom

(108,980 posts)
34. There will no doubt be plenty of gun fans rising to his defense.
Thu Jun 7, 2012, 05:30 PM
Jun 2012

Like this guy:

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.”

Ikonoklast

(23,973 posts)
81. He was the armed aggressor. He initiated the contact.
Thu Jun 7, 2012, 06:44 PM
Jun 2012

He deliberately went onto his neighbors property, looking for a reason to use his weapon.

Murder.

tblue37

(65,403 posts)
35. I am reminded of the brutal cops who robotically
Thu Jun 7, 2012, 05:31 PM
Jun 2012

repeat, "Stop resisting arrest," as they beat the crap out of a perfectly cooperative person, even if the person is already on the ground and in handcuffs.

Thegonagle

(806 posts)
37. You watch Cops too? You'd think they'd behave better in front of a TV camera.
Thu Jun 7, 2012, 05:34 PM
Jun 2012

It's a tough job, and someone's got to do it, but really, some of these guys are less than exemplary.

tblue37

(65,403 posts)
58. No--I have never seen that program. But I do often see cops doing that
Thu Jun 7, 2012, 06:13 PM
Jun 2012

in videos posted on DU. They do it to protesters--for example, Occupy protesters--all the time. They did it to a peaceful protester who committed the "crime" of slowly swaying back and forth near the Jefferson Memorial after they decided it was a terrible violation of the law to dance near the memorial.

I think the cops know that people with phone cams/videos are recording their bad behavior, but they also know nothing will ever happen to them, so they go ahead and act out their fascist fantasies anyway.

pacalo

(24,721 posts)
41. The shooter escalated the situation by rudely confronting his neighbors.
Thu Jun 7, 2012, 05:42 PM
Jun 2012

This was a murder that could have been prevented if the shooter had stayed in his home, called the police from there, & allowed them to handle his complaint.

wordpix

(18,652 posts)
263. apparently you didn't read the article or see the video. The shooter DID call police several x from
Sat Jun 9, 2012, 01:15 PM
Jun 2012

his home. One of the partiers clearly is coming toward the shooter, who started out fairly politely asking this guy to keep the noise down. The verbal back-and-forth led this partier to threaten he would get something from the party house to equalize, as a crowd from the party arrives.

Frankly, I would have been scared to have some drunk party-goers coming toward me in a group, which is what the video shows. OTOH, the shooter was wrong to go toward a party house with a gun, no doubt about it. That was plain stupid.

When the shooter shoots, the scene is wildly out of focus and there's no way to tell if the shooting started because the shooter was physically attacked or not. It's tragic because I do believe the shooter was afraid and he gave plenty of warning.

pacalo

(24,721 posts)
280. The video showed a man out in the street, angrily approaching his neighbor's house.
Sun Jun 10, 2012, 02:21 AM
Jun 2012

He was the aggressor. That makes him wrong from the get-go.

He further escalated the situation with his belligerent, unneighborly behavior. And when he barked at them that he had a gun, I saw an inadequate, sad human being self-affirming that he lacks personality & social skills to get his desired result. So he armed himself with a gun, having read up on the "Stand Your Ground" law to stay "above" it.

His neighbors may have been intoxicated, & perhaps the guy approaching the armed weirdo did so because, in his drunken stupor coupled with flaring testosterone, he momentarily thought he might wrestle the gun from his over-the-top neighbor.

Mr. Troublemaker should have stayed in his home & let the police handle his complaint. This isn't the Wild West when the federal marshall won't show up for months at a time. It generally only takes minutes before an officer shows up; why did he choose to arm himself to confront his neighbors when he was in such an angry mood?

 

bongbong

(5,436 posts)
42. I wonder
Thu Jun 7, 2012, 05:45 PM
Jun 2012

I wonder where all the gun-religionists are who normally defend their poor widdle guns in threads like this.

 

PavePusher

(15,374 posts)
288. You are making accusations of murder and mental imbalance against DUers.
Sun Jun 10, 2012, 03:41 PM
Jun 2012

Put up some evidence or go fuck yourself.

Robb

(39,665 posts)
295. Apparently didn't choose the former.
Sun Jun 10, 2012, 07:24 PM
Jun 2012
ALERTER'S COMMENTS:

Over the top gun nut anger. Valerie was clearly being sarcastic and this limp dick gun nut tells her to go fuck herself.

You served on a randomly-selected Jury of DU members which reviewed this post. The review was completed at Sun Jun 10, 2012, 07:19 PM, and the Jury voted 2-4 to LEAVE IT.

Juror #1 voted to LEAVE IT ALONE and said: This alerter seems to believe it is a virtue to demean gun owners with all sorts of hoplophobic vile, while their adversaries are expected to mind their manners. That is not a sentiment that I share.
Juror #2 voted to LEAVE IT ALONE and said: There I was, ready to vote to hide a clear personal attack. Anything more clear than "go fuck yourself"? Not that I can see. Then, I read it's a response to a group attack. My opinion is tempered, but I still want to hide the thing. Then the alerter decides to start using personal attacks AND group attacks in their alert. Hey, alerter: sorry. I was with you until it became clear you're being a jerk. In the grand scheme of things, is it worse to leave a personal attack standing, or do the bidding of an asshole? I'm going with the former.
Juror #3 voted to LEAVE IT ALONE and said: No explanation given
Juror #4 voted to LEAVE IT ALONE and said: No explanation given
Juror #5 voted to HIDE IT and said: No explanation given
Juror #6 voted to HIDE IT and said: No explanation given

meeksgeek

(1,214 posts)
46. Aw Geez
Thu Jun 7, 2012, 05:54 PM
Jun 2012

Really? Over a noise complaint? Just call the cops. I've had to do that a number of times in my 23 years of adulthood (I'm 41). Just call the cops and let them deal with it.

Reminds me of an event that happened many years ago. My father and I were tearing own the remains of a concrete wall on my Dad's own property, using sledgehammers. Our neighbor, at the time a cop, came over *with his gun drawn* to see what we were up to and complain that it was really loud hearing us hammer away (it was the middle of the day). This was especially weird when you consider that we were fully visible from his back porch, I'm certain he could tell exactly what we were doing.

Thankfully he didn't choose to shoot either of us...

wordpix

(18,652 posts)
264. the shooter DID call the cops, several times
Sat Jun 9, 2012, 01:16 PM
Jun 2012
Some people do not read the articles/see the videos and then post stuff that isn't true.

meeksgeek

(1,214 posts)
278. Where did I lie?
Sat Jun 9, 2012, 10:54 PM
Jun 2012

I did read the article. It doesn't matter if "the shooter" had to call the cops 1,000 times; he still did not need to go over there with a gun.

valerief

(53,235 posts)
51. OMG, that asshole went over with his kill weapon just looking for trouble.
Thu Jun 7, 2012, 05:58 PM
Jun 2012

And then he has the nerve to play the victim. I thought police handled noise problems, not vigilante assholes. If he's not strung up by the neck, there's no justice. What an asshole.

petronius

(26,602 posts)
62. You know, the phrase "strung up by the neck" is much more commonly
Thu Jun 7, 2012, 06:15 PM
Jun 2012

associated with lynch mobs and vigilante assholes than with any sort of legitimate justice system.

 

PavePusher

(15,374 posts)
289. Hanging has a long historical record...
Sun Jun 10, 2012, 03:43 PM
Jun 2012

of use as a legal punishment for capitol crimes within the justice system.

oneshooter

(8,614 posts)
154. Are you willing to pull the lever that drops him?
Thu Jun 7, 2012, 08:43 PM
Jun 2012

"If he's not strung up by the neck, there's no justice. What an asshole."

AtheistCrusader

(33,982 posts)
65. Yep.
Thu Jun 7, 2012, 06:18 PM
Jun 2012

He had every opportunity to walk away.

The man he was confronting was unarmed.
And he brandished his weapon early in the confrontation.

wordpix

(18,652 posts)
266. I didn't take that away. I think the shooter was truly scared AND
Sat Jun 9, 2012, 01:19 PM
Jun 2012

when the shooting started, his video went haywire. He may have been jumped, it's not clear from the video. Also, a crowd of partiers had gathered, which I'm sure added to the shooter's unease.

Just saying, don't hang the guy without knowing the whole story.

GreenStormCloud

(12,072 posts)
67. His video will likely be evidence at his murder trial.
Thu Jun 7, 2012, 06:19 PM
Jun 2012

SYG doesn't cover that type of stuff. You can't provoke the conflict, and the "fear for your life" has to be reasonable to the circumstance.

 

AnotherMcIntosh

(11,064 posts)
83. What are you going to believe, the headline or your lying eyes?
Thu Jun 7, 2012, 06:48 PM
Jun 2012

At about 1.14, this shows the altercation with the three who got shot after approaching Rodriguez in a menacing way and threatening to have a shoot-out with him. One threatened to go get his gun and return. Rodriguez expressed concern that one or more of those menacing him may have been armed. Only one said threatened to go to his house and get his gun. The others did not say that they were unarmed. All of them had apparently been drinking and wanted to have a confrontation with their neighbor, Rodriguez.



If anyone wants to continue to believe that a Texas man killed a teacher over noise complaint, don't look at the video.

Likewise, if anyone wants to continue to believe that Rodriguez gunned down P.E. teacher Kelly Danaher outside the victim’s home, don't look at the video.

FiveGoodMen

(20,018 posts)
107. "got shot after approaching Rodriguez in a menacing way"
Thu Jun 7, 2012, 07:22 PM
Jun 2012

Yeah, that guy standing with his hands in the air and unarmed sure looked menacing!

The news report itself says that the confrontation occurred near the victim's home and not the perp's.

One said if he had to come back he'd be armed, too. So what?

I watched your video.

I can't imagine what's wrong with you.

 

AnotherMcIntosh

(11,064 posts)
135. Both parties were gun owners. The video at #83 provides the best evidence of their actions.
Thu Jun 7, 2012, 07:55 PM
Jun 2012

"Yeah, that guy standing with his hands in the air ..."

The video shows at 1.30 that he had his hands in the air only temporarily. In addition, while the video shows that he temporarily had his hands in the air, he he was still being confrontational and the front of his t-shirt shows that he may have had a weapon.

The video also shows that a minute later, at 2.28, the physical ed teacher is still threatening to go into his house and get his gun or one of his guns.

The video is not my video.

You say, "I can't imagine what's wrong with you." I believe you. I am one of those who believes that decisions should be made according to the best evidence instead of news reports.

You say, "The news report itself says that the confrontation occurred near the victim's home and not the perp's." The video shows that Rodriguez called the police dispatcher and the dispatcher called the physical ed teacher, Rodriguez was far enough away for the physical education teacher and his friends to drive over to where Rodriguez was instead of merely stepping outside of they physical education teacher's house.

As I previously said, if anyone wants to continue to believe that a Texas man killed a teacher over noise complaint, if anyone wants to continue to believe that Rodriguez gunned down P.E. teacher Kelly Danaher outside Danaher's home, don't look at the video.

Blue_Tires

(55,445 posts)
151. please tell me you live in this neighborhood and can tell us about the
Thu Jun 7, 2012, 08:41 PM
Jun 2012

driveway layout and the people involved....If you have any inside details the media missed, let's hear them

Otherwise, your interpretation of the video is no more valid than any the rest of ours...

Blue_Tires

(55,445 posts)
180. doesn't tell me much, but it's better than nothing, so thanks...
Thu Jun 7, 2012, 10:26 PM
Jun 2012

I thought these folks lived out in the sticks...So a group of people regularly had 85+ decibel parties there, and no one else complained?? Where was the HOA on this??

If that photo is accurate, then this really doesn't add up...

GreenStormCloud

(12,072 posts)
181. Apartment complex.
Thu Jun 7, 2012, 10:41 PM
Jun 2012

I have been in apartment complexes before where someone is being noisy and no one, including myself called the police. I was afraid to as that could result in the problem person finding out and wanting revenge. Notice in the video that the vehicle pulls up to him. They seem to be aware of who his is and that he has complained about the noise.

Blue_Tires

(55,445 posts)
182. so where was the manager/landlord/super or whatever??
Thu Jun 7, 2012, 10:55 PM
Jun 2012

And there's "loud" and then there's "85dB at 200 ft. LOUD" (allegedly)...I'm no scientist so I can't tell you how sound dissipates, but can we say it was close to 100dB at the epicenter?? The ENTIRE complex would have heard that....

I refuse to believe that nobody else called the cops nightly if that layout and sound level are true...I refuse to believe the manager didn't step in, unless it was the manager's friend or relative living there...

GreenStormCloud

(12,072 posts)
183. Those are good questions.
Thu Jun 7, 2012, 11:07 PM
Jun 2012

In general, sound dissipate as the square of the distance, twice as far is one quarter of the intensity. However, the decibel scale is logarithmic and I am not greatly familiar with it. 85db is pretty loud. Normal speech is about 60. A typical factory floor is about 90. The event happened at night so he may have been trying to rest. Still not an excuse.

pnwmom

(108,980 posts)
239. What the heck is this? The only Kelly Danaher in Huffman, TX
Fri Jun 8, 2012, 06:29 PM
Jun 2012

Last edited Fri Jun 8, 2012, 08:33 PM - Edit history (3)

lived in a house. You can look up the address -- I found it easily enough, but I'm giving the family some privacy by not posting it here.

This fits with all the media descriptions that say this incident occurred at a HOUSE, not an apartment.

For example:

http://www.chron.com/news/houston-texas/article/Subject-in-Huffman-shootings-always-judging-1698753.php

At Danaher's home Monday evening, a flow of cars trickled into the tree-lined two-acre property

http://my.firefighternation.com/forum/topics/houston-firefighter-in-1?q=forum/topics/houston-firefighter-in-1

Raul Rodriguez, 44, called authorities late Saturday about the noise at a gathering on his neighbor's 2-acre property in the 300 block of Oak Knoll. He arrived around 12:30 a.m. Sunday at the party with a handgun, flashlight and video camera.

 

beevul

(12,194 posts)
202. What about the double yellow lines they're shining on...
Fri Jun 8, 2012, 08:22 AM
Jun 2012

The ones that signify the center of the street.

Blue_Tires

(55,445 posts)
205. ok....it's clear that they sort of came to him...
Fri Jun 8, 2012, 08:46 AM
Jun 2012

doesn't mean he still couldn't have engineered the chain of events...and what about all my other unanswered questions in #179?

 

beevul

(12,194 posts)
206. I read 179.
Fri Jun 8, 2012, 09:37 AM
Jun 2012

I'll take some time, re-watch the video, and chime in on those later.

The points I was making were the following:

A. That those in the truck, indeed, came to him. They were parked with the truck, sort of diagonal in the street, roughly parked across the centerline of the street, at roughly a 45 degree angle to the centerline,, with the front end pointing semi towards the house it later rolled up the driveway of.

B. that his location was in the lane farthest from the house where the party was, the one which you can see the truck pulling into a bit later in the video.

Now, I hadn't gone into this yet, but in the video, right before the shot is fired, you hear some loud laughter coming out of the blue. Louder than the people were when he drew down on when he told them to stay back. And what sounds like the beginning of a scuffle.

To me, this sounds like someone got into very close proximity to him, without his knowledge, and either surprised him and possibly engaged him in a scuffle.

Then the shot is fired. When the shot is fired, it appears, from the video, that he is farther away from the edge of the driveway than he previously was, as if he backed up a bit. Granted, this could be the zoom of the camera but it doesn't look like it.


To be crystal clear here, I have not made up my mind one way or the other.

I do see alot of jumping to conclusions however, in this thread, and alot of flatly unsupported things stated as if they were fact. "He was on their property" being one of them. (note, I'm not singling out you in any way, by using that as an example, its just one of the common ones, so please don't take offense, none is intended)

The stories I have read about this, both from the link in the OP, and on other links about it, have much conflicting information, so I've sort of taken them with a grain of salt.

What I'd really like to see, is three things:

One, a complete unedited video of this.

Two, a frame by frame slow motion of the two seconds before the shot is fired.

Three, a sound analysis in conjunction with number two.

I'd also like to know what, if any, history there is between this guy, and the others at the party - since hes retired firefighter, and there are others at the party whoapparently are firefighters as well.

I just rewatched this video, paying close attention to a couple things:

http://www.chron.com/news/houston-texas/article/Video-taken-night-of-fatal-shooting-shown-to-3611376.php

At first, watching the video linked in post 83, I wasnt even sure if I was seeing it right, but after watching the one in the above link, its clear that the truck seen pulling into the driveway, has a large round reflective sticker on the passenger door, and another which appears to be identical, on the tailgate. I'm curious to know what that sticker is, and what it denotes. Details are everything.

After watching that second video, it sure sounds like he got rushed, and possibly jumped.

The laughter can clearly be heard getting closer and then it sounds like its right on top of him, and then sounds as if a scuffle begins, then the shot it fired.

IF the guy is in the street where he has every right to be, and IF he gets rushed, I'm not sure hes in the wrong, legally speaking.







Blue_Tires

(55,445 posts)
207. Yes, the unedited video is important
Fri Jun 8, 2012, 09:42 AM
Jun 2012

which is what i guess they showed in court...

But I'm more interested in the events leading up to that night (how often did he call, was it really that loud, etc...)

pnwmom

(108,980 posts)
250. Danaher's house was on a 2 acre property. But he didn't come out of the car,
Fri Jun 8, 2012, 08:39 PM
Jun 2012

he came out of his house. If you watch the video, you won't see him come out of the car.

 

AnotherMcIntosh

(11,064 posts)
142. Obviously what's wrong with me is that I don't engage in ad hominem attacks.
Thu Jun 7, 2012, 08:19 PM
Jun 2012

Instead, I merely provide a link to where the video is posted and invite thinking people to actually look at the video.

OrwellwasRight

(5,170 posts)
242. We've all seen the video
Fri Jun 8, 2012, 06:50 PM
Jun 2012

And the "menacer" was the guy with the gun who kept yelling "I will shoot you." I am sorry, but yelling that at people is not a license to kill. It is no wonder the dude said, "I'll go get mine." That does not make him the agressor. It makes him someone trying to even the odds because he is being threatened with murder. So he shoots them before they have a chance to actually do it. Deliberate. Murder. That is what I saw on the video.

dpibel

(2,833 posts)
120. A menacing way
Thu Jun 7, 2012, 07:37 PM
Jun 2012

You say: "At about 1.14, this shows the altercation with the three who got shot after approaching Rodriguez in a menacing way and threatening to have a shoot-out with him."

Did you forget the part about Rodriguez being the one who was standing there with a gun threatening to shoot?

I question your perspective if you think he was the one being menaced.

In your world, if you're faced with a maniac with a gun who is telling you he's going to shoot, you have an affirmative duty to say, "I'm not armed"? That's the only reasonable inference from your statement that, although one of the drunks said he was going to go back to his house and get a gun, Rodriguez was still in reasonable fear of his life because the other two didn't say, "And by the way, we don't have guns on us, either"?

I think you are being disingenuous.

I looked at the video. It certainly appears from it that a Texas man killed a teacher over a noise complaint.

So far, being a rowdy drunk is still not a capital crime. If it were, Texas would fast be depopulated. Even if it were, a guy with a gun reciting CCW buzzwords actually doesn't constitute due process.

bahrbearian

(13,466 posts)
128. "So far, being a rowdy drunk is still not a capital crime", Too bad because I'd like to see
Thu Jun 7, 2012, 07:46 PM
Jun 2012

Hank William Jr. in jail. and not because of his Shitty Music.

pnwmom

(108,980 posts)
123. You're eyes are doing a pretty good job lying to you.
Thu Jun 7, 2012, 07:40 PM
Jun 2012

And your ears, too.

Can't you see those guys holding their hands up above their heads -- while he's telling 911 that he's fearing for his life? If he was afraid, why was he there? He wasn't protecting his own property, he had walked over to his neighbors', with his gun, phone, and light in hand.

Why didn't he just wait for the police to come? Why was he approaching their house in a threatening manner, pointing his gun at people? They were the ones with a right to be afraid, not this trouble-maker.

 

AnotherMcIntosh

(11,064 posts)
141. Anyone can look at the video at 1.30 and see that "those guys" WERE NOT "holding their hands
Thu Jun 7, 2012, 08:15 PM
Jun 2012

above their heads."

One person was.

Anyone can look at the video and see, at 1.15 et seq, Rodriguez wasn't approaching anyone's house in a threatening manner but was being approach by those who were approaching him in a threatening manner.

The video provides the best evidence.

pnwmom

(108,980 posts)
146. The victim was on his own property. The shooter had left his home to complain about NOISE.
Thu Jun 7, 2012, 08:25 PM
Jun 2012

The shooter, armed with his gun, was on a paranoid's version of a power trip. That is all this video shows me.

 

AnotherMcIntosh

(11,064 posts)
156. That's all the video shows you? It doesn't show you "those guys holding their hands up above their
Thu Jun 7, 2012, 08:48 PM
Jun 2012

heads -- while he's telling 911 that he's fearing for his life?" as you posted at #123?

Yea, I didn't see that either.

What I did see was that the victim or alleged victim had a bulge under his T-shirt and threaten to go to his house to get a gun, possible a rifle which makes a much better weapon in a gun fight.

Both are or were gun owners.

If you are opposed to gun ownership, and if both owned guns, why are you taking the side of one person?

pnwmom

(108,980 posts)
159. I'm taking the side of an unarmed man on his own driveway who was shot by an angry, paranoid
Thu Jun 7, 2012, 08:58 PM
Jun 2012

neighbor.

And yes, I do see a man holding his hands up in the air, while the shooter is bleating about being in fear for his life.

NO ONE WAS CARRYING A GUN EXCEPT FOR THE SHOOTER. So what if one of the victims made a verbal threat to go back in the house and get one? Rodriguez shouldn't have been in that driveway. And he especially shouldn't have been there, waving a gun around.

I'm not opposed to guns in general, but I am taking the side of the innocent victim. Why are you taking the side of the paranoid shooter in his neighbor's driveway?

sarisataka

(18,663 posts)
167. What if...
Thu Jun 7, 2012, 09:25 PM
Jun 2012

the paranoid angry man turned to leave and the unarmed, intoxicated homeowner, with a couple pals, decided to rush him from behind?

Would that change your opinion? A three on one fight?

The video does not show what is happening when the shot is fired. To me that indicates someone tried to jump R from the side or behind.

pnwmom

(108,980 posts)
211. I'd think they'd have been justified
Fri Jun 8, 2012, 11:39 AM
Jun 2012

if they had tried to disarm him, even if that meant rushing him from behind.

Not smart -- but the behavior could have been morally reasonable.

The fact that the video is cut off proves nothing about what happened next. He stopped shooting the video and started shooting the gun. That's all we know.

sarisataka

(18,663 posts)
225. Why would they be justified in attempting to disarm him
Fri Jun 8, 2012, 01:54 PM
Jun 2012

That is a job for the police. If he was shooting that would change the situation to an immediate issue. Getting on the phone to make a MWAG call would be much more reasonable than trying to take a gun away.

Why the video cut off I believe is important; it would have been in R.'s best interest for it to keep going so I don't think he did it intentionally. Speculation of course, not knowing what he was using to record.

I believe the defense has the stand today. It will be interesting to get the other side of the story.
Once we hear both sides, then try and find the truth...

pnwmom

(108,980 posts)
226. I said morally justified, not legally justified. I wouldn't have blamed them
Fri Jun 8, 2012, 02:00 PM
Jun 2012

if they thought that this loony-tune should be disarmed and held for the police to deal with -- especially, given his previous behavior in the neighborhood.

I wouldn't have advised them to do this, but I would have thought such an action was understandable.

sarisataka

(18,663 posts)
227. There I can agree
Fri Jun 8, 2012, 02:23 PM
Jun 2012

Unwise and understandable can go hand in hand.

From what I have found in all of the articles it appears 'everyone' knew he was a PIP. Yet he knew the system well enough to say the right words at the right time to avoid having any action taken against him.

The biggest fault I see on the shooting victim's side is that IF they did rush him in the street it could make self defense a viable option. Well he may well be guilty of aggravated assault or other charges it could clear him of murder.

OrwellwasRight

(5,170 posts)
243. Wait a minute
Fri Jun 8, 2012, 06:57 PM
Jun 2012

You are saying that only those who have guns and threaten to use them have rights? So a guy can come over to my house to deal with a noise complaint (a clear job for the police, by the way), stand outside, threaten guests that pull up to my party with a gun, offer to kill them, but if they try to disarm him--the man threatening to MURDER them--they are not justified in attempting to do so??

So serve-yourself justice only applies if you are the murderer intending to shoot somone, not if you are the prospective victim deciding to take the weapon way instead of escalating the situation by using your own gun on the guy menacing you.

Nice view of justice. Only gun users have rights. The rest of us are second class citizens.

Wow. Just wow.

sarisataka

(18,663 posts)
245. I am speaking of legalities
Fri Jun 8, 2012, 08:17 PM
Jun 2012

where in law does it say you can disarm someone? That is what will matter in court.

R. did say all of the 'right' things- stay back, I am in fear for my life. He has now drawn his line, he will only shoot if they come at him. The scene is on video and 911, he told them that. If he fires without anyone approaching, murder no question. If a group does approach what is their legal justification?

A big question may come down to who moved from verbal threats and saber rattling (gun waving) to physical action. The defense attorney will frame it something like -so your neighbor said he was afraid for his life of the group of you who were drunk, acting belligerent, then while he was standing in the street, talking to 911 telling them he would stay back from you, you felt it was a good idea to try and take the gun away?
Remember all the defense has to do is create a reasonable doubt for R. to walk.

In their place I would have said "so sorry, we'll turn it down" rather than bum rushing a man with a gun in his hand. Then I would call 911 to report my crazy neighbor who was yelling at me to turn the music down and when I walked out to talk to him, he pointed a gun at me.

OrwellwasRight

(5,170 posts)
249. Their legal justification is clear:
Fri Jun 8, 2012, 08:37 PM
Jun 2012

It's called . . . wait for it . . .

SELF-DEFENSE. He just threatened to SHOOT them. Several times. On video tape. He threatened to shoot THEM.

You really are beyond pro-gun aren't you?

Someone with a gun can walk up to me and threaten to shoot me and I have no right to defend myself by attempting to disarm them?????

Of course I do. It is called self-defense. And that will stand up in any court.

Why you believe that only the person wielding the gun and threatening to shoot people has rights is beyond me. Way beyond me.

What you would do in their place is no standard -- because you don't have any evidence they "bum rushed" him to begin with. Moreover, your solution only emboldens the bully to come back, wave his gun around again, and threaten to kill me and my party guests again. Why should the guy with the gun get to make the rules?

That is not how it works in the U.S. Sorry, we don't all have to fold to the gun-wielders.

sarisataka

(18,663 posts)
252. You still miss the point
Fri Jun 8, 2012, 08:50 PM
Jun 2012

You go at him, you get shot.
Were this an active shooter situation the rules would be totally different.

Think of how police act in a similar situation, they neither shoot nor try to disarm. They will try to de-escalate the situation until it is possible to safely disarm the person.

I never said the men should be charged and if they were, yes clearly self defense. My point is they had no legal obligation to take action themselves, any more than R. had any right to take action himself to quiet their party.

I have no direct evidence that they rushed him but strong circumstantial evidence. There is the last three seconds prior to the shot being fired indicating something was happening. The men had been staying ~20' away yet everyone was suddenly in contact range...

And no it would not embolden him to return because there would have been a strong case for assault with a deadly weapon, a felony which would disqualify him from owning firearms.

OrwellwasRight

(5,170 posts)
253. I don't miss the point.
Fri Jun 8, 2012, 08:58 PM
Jun 2012

You asked for their legal justification, and I gave you one: self-defense. I didn't say it was smart, or that they wouldn't get shot. But if indeed that happened, which there is no evidence it did, they certainly had a right to do so, though, as you point out, no OBLIGATION to do so.

But rights and obligations are different things. When the Police neither shoot nor disarm but try to de-escalate the situation, they do not do so because they have no RIGHT to disarm someone threatening others with bodily harm, they do so out of prudence. Certainly they can and do shoot (and kill) those they believe are menacing others all the time. Even if the person only has a set of car keys in his hand, or a trowel, or a shopping cart.

Letting bullies get away with bullying always emboldens them. Look at the Republicans and the Democrats. We let them get away with holding the country hostage once, and now they do it on a regular basis.

sarisataka

(18,663 posts)
255. I think we reached middle ground here
Fri Jun 8, 2012, 09:09 PM
Jun 2012

The only point I would add is common sense. Don't try and disarm the crazy guy with a gun unless you absolutely have to.

 

AnotherMcIntosh

(11,064 posts)
168. If I am taking a side, I am taking the side of verifiable evidence instead of speculation.
Thu Jun 7, 2012, 09:26 PM
Jun 2012

I am taking the side of the actual video, or the edited parts of it. In the absence of the full video, I am taking the side of what can be seen and heard instead of what was written in a news article.

Some claim, as you have, that the shootee was in his own driveway. You even call him "one of the victims."

The video provides the best evidence. As far as I can see, it doesn't show that the shootee was in his own driveway. Some say that the video shows that he was in the street.

pnwmom

(108,980 posts)
213. The video is only part of the evidence given in the courtroom,
Fri Jun 8, 2012, 11:42 AM
Jun 2012

and it obviously shows something to you that it doesn't show to other people, so its value is subject to interpretation.

To me, it proved that the shooter spent a LONG time there, pointing his gun and attempting to give out orders. He should have just waited for the police or given up and gone home. Instead, he went on a power trip with his gun, all because of too much noise at a party.

FiveGoodMen

(20,018 posts)
174. You've said this twice now, and it's self-contradictory
Thu Jun 7, 2012, 09:45 PM
Jun 2012
"What I did see was that the victim or alleged victim had a bulge under his T-shirt"

...

"and threaten to go to his house to get a gun"

Can't have it both ways.

(Yes I read the bit about a rifle being better, but that's just desparate thrashing. The guy wasn't armed or he'd have no reason to go back to his house for a gun.)
 

AnotherMcIntosh

(11,064 posts)
178. "A handgun is for shooting your way to your rifle..."
Thu Jun 7, 2012, 10:15 PM
Jun 2012

If you're not familiar with the phrase, may I assume that you do not favor gun ownership?

pnwmom

(108,980 posts)
214. There is no doubt that the shooter was the ONLY one with a gun.
Fri Jun 8, 2012, 11:44 AM
Jun 2012

That "bulge" that you claim to see was nothing except, perhaps, in the mind of the paranoid shooter.

 

DisgustipatedinCA

(12,530 posts)
198. Golly, maybe the poster is taking the side of the person who isn't a murderous fuck
Fri Jun 8, 2012, 07:41 AM
Jun 2012

...and only has degenerate violence-porn sociopathic defenders who like to entertain fantasies about "wasting perps" who play music too loud in an apartment complex. But that's just a guess on my part.

 

beevul

(12,194 posts)
196. You missed part of the video, obviously...or perhaps didn't see the same one.
Fri Jun 8, 2012, 07:33 AM
Jun 2012

The part where one of the individuals that arrived in the truck (not the shooter) said "call the cops on this ****, hes out in the middle of the street with a gun."

In most places that I'm aware of, "out in the middle of the street, isn't someones private property.

Its even highlighted in the video.

And, if you look, you can see the double yellow lines in the road as the truck pulled up at the 54 second mark.

Obviously NOT the private property of any individual.



Are you sure you saw the same video that was posted in post 83?

pnwmom

(108,980 posts)
216. Courtroom testimony was that he entered the driveway. However,
Fri Jun 8, 2012, 11:47 AM
Jun 2012

it is possible, since this took place over 20 minutes, that at one point he was in the street.

The longest video I've seen was about 7 minutes I believe, but the whole, unedited video, was over 20.

Blue_Tires

(55,445 posts)
155. So why would they leave their party and drive over to HIS house to confront HIM?
Thu Jun 7, 2012, 08:45 PM
Jun 2012

And why was your boy Rodriguez starting the video in such a pissyshit, confrontational tone that would put anyone on the defensive?? Do you think someone is actually going to comply with a request when you say it like that? Would you have if it was your party??

 

AnotherMcIntosh

(11,064 posts)
161. He is not "my boy Rodriguez." In modern America we don't use such phrases.
Thu Jun 7, 2012, 09:03 PM
Jun 2012

If you really want an answer to your first question, and if you want me to speculate based upon what was on the video,
(1) Both gun owners apparently had confrontations in the past with each other over noise.
(2) Rodriguez complained to the police in the past with respect to the noise.
(3) The police did not resolve the problem.
(4) After Rodriguez measured the amount of the noise near the street with a meter of some sort and telephone the police, a police dispatcher telephoned the other gun owner and told that gun owner that Rodriguez had complained about the noise again.
(5) The noise makers decided to drive to where Rodriguez was in order to have a confrontation with him.
(6) The video shows that the physical education teacher (or former physical education teacher) had a bulge under his T-shirt.
(7) One of the shootees said that he was going to go back to his house to get his gun, which, if he meant a rifle, would have been a better choice over a hand gun.
(8) The other two shootees did not say that they had to return to their homes to get their guns.

With respect to your last question, I would not have a party in Texas.

Blue_Tires

(55,445 posts)
179. OK; he's not "your boy"...Pardon the ebonics...
Thu Jun 7, 2012, 10:17 PM
Jun 2012

Last edited Thu Jun 7, 2012, 11:16 PM - Edit history (1)

Let's start with #3: If the police had failed to resolve the problem, what good does it do to call them again?? At what point does he wake the hell up and get an attorney involved (or a homeowner's association if there is one)? Had any other neighbors complained? And why are the cops so goddamned lazy that they actually CALL the party house and tell them to turn it down like they're some teenager's parents?


#4: If that was really 85 decibels (equivalent of a lawnmower) at 200 feet, the music would have drowned out his voice on the mic -- But I'm hearing crickets at the exact moment he announces it...And how far apart are the homes themselves? If he measured in his living room and it was 85db, that I could understand...And what's the point of measuring the sound, anyway?? And why did he arm himself and bring a camera to do it?? And if he already called 911 to report it, why is he on the phone again with them right as the truck pulls up??


#5: What gets me is his aggressive, high-pitched "let's start some shit" voice the moment the truck pulled up -- What was that ever going to accomplish? If you're saying that there was a petty bullshit, passive-aggressive tit-for-tat history between the neighbors, then you're right and this is something that goes far beyond the events of that night...


But if that was the case then WHY even call the cops for the 500th time when he knows that 1. They won't do anything, and 2. It's going to really piss off the neighbor?? I daresay it's almost like he planned the whole thing all along if the petty battle had reached the point where one more call was going to push him over the edge...


EDIT: I was wrong on something, but it makes even less sense now -- Here are a list of things that are at or about 85dB:

Garbage disposal, dishwasher, average factory, freight train (at 15 meters). Car wash at 20 ft (89 dB); propeller plane flyover at 1000 ft (88 dB); diesel truck 40 mph at 50 ft (84 dB); diesel train at 45 mph at 100 ft (83 dB). Food blender (88 dB); milling machine (85 dB); garbage disposal (80 dB).
http://www.industrialnoisecontrol.com/comparative-noise-examples.htm

You're seriously telling me that the music was that loud to bother him in his house?? Just for fun, let's look at the next lowest tier, and let's be generous and assume this was the actual loudness level in his house:

Passenger car at 65 mph at 25 ft (77 dB); freeway at 50 ft from pavement edge 10 a.m. (76 dB). Living room music (76 dB); radio or TV-audio, vacuum cleaner (70 dB).

So he called the cops a million times for something that MAY have been this loud in the house?? No wonder he was headed towards an ass beating, no wonder he was the only one to supposedly complain that much, and no wonder the cops stopped giving a shit...

Blue_Tires

(55,445 posts)
204. More "verifiable evidence" for you in #185
Fri Jun 8, 2012, 08:38 AM
Jun 2012

This guy you're defending doesn't seem to have many friends in his corner, and these are people who know/worked with him...

Did you catch the part where he flashed his piece and quoted the 'SYG' script with OTHER neighbors, too?

You can admit it now: Rodriguez was a nutbar afraid of his own shadow, and he's the one who put this whole thing in motion...

pnwmom

(108,980 posts)
217. The other attendees probably didn't have guns to drive home to get.
Fri Jun 8, 2012, 11:49 AM
Jun 2012

And no one had any guns on them at the scene but the shooter, no matter how many times you imply that they did.

Blue_Tires

(55,445 posts)
145. uh, yeah...he WAS killed over a noise complaint
Thu Jun 7, 2012, 08:25 PM
Jun 2012

that's what set the chain of events in motion...

If you honestly need a goddamned sidearm and camcorder on you (and feel the need to announce it) just to talk to the neighbors about a noisy party, then either:


1. You're a paranoid coward
2. You suck at human social interaction/communication skills
3. Those partygoers are too drunk/violent to reason with, and it's better to let the police handle it...

Marrah_G

(28,581 posts)
224. I watched it- The man with the gun is at fault
Fri Jun 8, 2012, 01:50 PM
Jun 2012

He provoked and escalated this and his choice of words spoke volumes to the fact that this was premeditated.

 

fascisthunter

(29,381 posts)
84. nobody saw this coming... especially gun nuts pushing for this madness
Thu Jun 7, 2012, 06:51 PM
Jun 2012

nah... your rights to Stand Your Ground mean more than someone else's life. My.... we couldn't expect those who promote this crap to sacrifice a freedom like that. I mean, how would they eat, breath, sleep at night.... fucking selfish and insane.

sarisataka

(18,663 posts)
99. Not as clear cut as either side would like
Thu Jun 7, 2012, 07:13 PM
Jun 2012

Premeditated murder? Hardly, the confrontation did not start until he had been there 15-20 minutes. It is not like he walked up and opened fire.


Now in favor of manslaughter/murder-
-He did not make much attempt to de-escalate the situation and remains confrontational
-(apparently) drawing his gun while the men were walking up to him. They were drunk but did not seem very threatening. Prior conflicts may have influenced the actions.
-He might have been on the deceased's property. If so when told to leave, he would be trespassing by refusing to leave, therefore on the property illegally.

In favor of self defense-
-He did warn them he was armed.
-He was outnumbered (disparity of force)
-the end of the video is not clear, is the sudden action due to one of the men initiating physical action- that would definitely bolster the SD case.

Recording the situation is a two edged sword. It does not indicate he planned to initiate a confrontation. It does indicate he wanted a record of what was happening. He is following the civilian version of a police dash cam.
It can show that you were attempting to avoid trouble or it can show you escalated the situation.

 

slackmaster

(60,567 posts)
102. He went onto someone else's property and precipitated an argument that escalated into a fight
Thu Jun 7, 2012, 07:18 PM
Jun 2012

He's a master baiter, and it's certainly not an SYG case.

 

beevul

(12,194 posts)
108. Its not clear whos property hes on...
Thu Jun 7, 2012, 07:24 PM
Jun 2012

In the video in post 83, it would appear that the people involved rolled up on him, in a truck.

That would seem to indicate that they were not at the party property when this happened, and that it was the party goers that confronted him, and not the other way around.

He did say he was 200 feet away, in the video, which may explain why they rolled up on him in a truck.

If I interpret the video factually, that is.


 

slackmaster

(60,567 posts)
111. I can't tell what's going on in the video, but I can't listen to the sound until I get home tonight
Thu Jun 7, 2012, 07:27 PM
Jun 2012

sarisataka

(18,663 posts)
152. The full video would be helpful
Thu Jun 7, 2012, 08:41 PM
Jun 2012

From what I could see and interpret from the video at the link you gave,
-the man with his arms raised is printing something under his shirt, it is not clear what he has (:17)
-Rodriguez was clearly in the street(:31)
-it sounds like one of the men tells the one in front "We got your back" -planning to rush R.?(:45)
-3-4 people could be seen but more must have been nearby as he stated there were about 15 (:51)
-One of the men says let's see what happens to you for pulling a gun- they were aware that assault charges were a possibility depending on the details. They should have been calling the police(1:11)
-Rodriguez continued the verbal exchange while talking to the dispatcher- better to have just let 911 record what they were saying(1:141:30)
-Laughing starts (1:35) {if I were on the jury I would wonder what is so funny}
-sounds similar to someone running (1:36)
-video disrupted (1:37)
-shot fired (1:38)

 

DisgustipatedinCA

(12,530 posts)
199. Thank you. I'm aware that you're very pro 2nd Amendment
Fri Jun 8, 2012, 07:43 AM
Jun 2012

And I appreciate that you're calling this incident for what it is.

 

AnotherMcIntosh

(11,064 posts)
125. The video provides the best evidence. See #83.
Thu Jun 7, 2012, 07:41 PM
Jun 2012

"-He might have been on the deceased's property. If so when told to leave, ..."
(1) No. He was 200 feet away from his neighbor's property (0.42)
(2) After he called the police, the police apparently called the neighbors who drove over to where he was near the road with their truck (1:04).

"They were drunk but did not seem very threatening."
(1) Whether they were threatening can be seen at 1.16 et seq. As they were coming towards him, the physical ed teacher was coming directly at him while his friends were spreading out to out-flank him. At 1.30, although the physical ed teacher has his hands raised at that point, he was still being confrontational and the front of his t-shirt shows that he may have had a weapon.
(2) At 2.28, the physical ed teacher is threatening to go into his house and get his gun while one of his friends is trying to restrain him somewhat.
(3) At 2.48, while he is on the phone with the police dispatcher, an event occurs which interrupts Rodriguez's conversation and a shot is heard. Since Rodriguez can be heard on the phone in a conversational voice, it wasn't him that caused the event.

pnwmom

(108,980 posts)
131. He claimed he was 200 feet away, but plenty of driveways are that long.
Thu Jun 7, 2012, 07:49 PM
Jun 2012

The men didn't look threatening to me at all. They were standing their with their hands up in the air, and they weren't armed. If he was afraid for his life, it was because he was paranoid. The only guy there who was a threat was the only guy with a gun.

 

AnotherMcIntosh

(11,064 posts)
139. The video at #83 provides the best evidence. It doesn't show that "They were standing with their
Thu Jun 7, 2012, 08:05 PM
Jun 2012

hands up in the air." Nor does it show that "they weren't armed."

Only one person can be seen in the video with his hands raised, starting at about 1.30. Even then, there appears to be a bulge under his T-shirt.

His threat to go get his gun does not mean that he is unarmed. In contrast to persons who do not own guns, some gun owners will prefer a rifle over a hand gun and, when given an opportunity, will get a rifle instead of using a hand gun.

When you say that "they weren't armed," you are the only one saying that. Rodriguez said that they were armed. None of the other participants denied that. None of them said that they were not armed. The video does not show that they were unarmed.

pnwmom

(108,980 posts)
147. No one else had a gun! Any paranoid person, like this shooter, can see a bulge and
Thu Jun 7, 2012, 08:28 PM
Jun 2012

think it's a gun. But that doesn't give him a license to kill.

And it isn't a matter of opinion whether or not they had guns. This is the trial, and no other guns have been produced.

http://www.khou.com/news/local/Testimony-continues-trial-of-retired-firefighter-who-claims-he-killed-neighbor-in-self-defense--157940005.html

“As soon as we got out he pulled a gun on us and told us to get back,” said Marshall Stetson who was also shot that night. “We weren’t even in the street. We were in the middle of the driveway.”

Stetson was one of many witnesses who took the stand Thursday.

“I was wondering why he was fearing for his life, he was the one with the gun,” Stetson said in court.

 

AnotherMcIntosh

(11,064 posts)
164. If anyone wants to follow your link to see whether it does or does not establish that "No one else
Thu Jun 7, 2012, 09:11 PM
Jun 2012

had a gun!," they are welcome to do so.

pnwmom

(108,980 posts)
236. "He was the one with the gun." THE ONE. You don't have to follow a link,
Fri Jun 8, 2012, 06:14 PM
Jun 2012

that's right there in the post.

There has been no evidence introduced that there was any gun at the scene except for the shooters. If you say otherwise, prove it.

(Logically, I can't prove a negative, but if there was another gun, you should be able to prove that.)

 

HiPointDem

(20,729 posts)
282. you can see the lights of the house. it's far back from the filmer. you can see the filmer is
Sun Jun 10, 2012, 05:30 AM
Jun 2012

standing in the street in the film. you can see he's far back from the drive when the truck pulls into the drive. i don't see any evidence that he's on their property.

it was incredibly stupid not to let the police handle it, and he certainly precipitated the incident. but it does seem like the other guys jumped him at the end of it.

pnwmom

(108,980 posts)
285. The video was more than 22 minutes long, and that video is only a few minutes.
Sun Jun 10, 2012, 10:18 AM
Jun 2012

Court testimony is that he entered the driveway during part of the time, at least.

In any case, he had left his own property, which was two houses away. There's no reason he should have been saying he was "standing my ground."

The other guys thought he was a hazard, which he clearly was. If they tried to get the gun away from him, that was stupid and tragic -- but they weren't the ones at fault, he was.

 

HiPointDem

(20,729 posts)
293. i agree he precipitated everything. but the video doesn't show him on their property, & it does
Sun Jun 10, 2012, 04:33 PM
Jun 2012

seem to show they jumped him at the end. and they're laughing.

pnwmom

(108,980 posts)
294. They're laughing because they were drunk and/or stupid. But they weren't paranoid
Sun Jun 10, 2012, 05:58 PM
Jun 2012

and angry, as he was. And none of them shot a gun or even carried one.

And again, that video only showed a few minutes of a 22 minute altercation. More than one onlooker testified that he was in the driveway at least part of the time.

But what difference does it make? He wasn't on his OWN property, so stand your ground shouldn't apply. The problem is, he was convinced it did, and his interpretation is common.

http://www.khou.com/news/Former-neighbors-union-Rodriguez-always-paranoid-157943785.html

The president of the Baytown Firefighters Union, who was asked not to go on camera by Harris County prosecutors because of the trial, told KHOU 11 News that Rodriguez was the first and only firefighter voted out of their union. The union felt he was divisive, prejudiced and always felt people were out to get him.

“He was paranoid to the point he thought somebody was going to do something to him,” Johnson said.

Johnson said Rodriguez often showed off his gun, argued with adults and children and had confrontations in his old neighborhood similar to what was caught on tape and showed in court Wednesday.

 

HiPointDem

(20,729 posts)
296. you seem to think you need to convince me of something i've already acknowledged. you don't.
Sun Jun 10, 2012, 11:06 PM
Jun 2012

i am taking issue with only two things: whether he was on the neighbor's property, & whether the partygoers jumped him.

the laugh is very close to him, as if someone had come up on him from behind.

pnwmom

(108,980 posts)
297. I guess I don't know why it matters if the partygoers jumped him. It's still his fault, right?
Mon Jun 11, 2012, 01:28 AM
Jun 2012

Maybe they were dumb enough to think that they could disarm him. But they weren't acting out of anger, as he was. And they weren't armed -- just trying to disarm a fanatic.

 

HiPointDem

(20,729 posts)
298. did we watch the same video? yes, they were angry, cursing, & threatening. the guy started it,
Mon Jun 11, 2012, 02:09 AM
Jun 2012

but don't tell me they weren't acting out of anger. don't tell me the guy was on their property when i can see he's in the street.

it matters if they jumped him because just as he could have called the police & stayed home, they could have gone back to their house & called the police rather than aggravating matters by attacking him in a public space. he'd not shot anyone up to that moment, & if they'd gone home it's unlikely he would have, because he would have had to go onto their property & up to their house, then gotten inside.

the guy was ultimately at fault, but i am in favor of getting as close to truth as possible, not creating a fake scenario to make things look simple. they rarely are.

pnwmom

(108,980 posts)
299. Yes we did. As you said before, they were LAUGHING just as the video ended.
Mon Jun 11, 2012, 05:21 AM
Jun 2012

And before then, they were backing away while he was telling 911 how afraid he was. Yeah, they exchanged some angry words with him before. But they didn't seem threatening. He was the only one acting threatening.

 

HiPointDem

(20,729 posts)
300. laughing not in a fun way. i thought that both parties appeared threatening at different times,
Mon Jun 11, 2012, 06:29 AM
Jun 2012

& both angry.

pnwmom

(108,980 posts)
301. "I'm not going to lose to these people anymore," he said -- laughter, and then the gun went off.
Mon Jun 11, 2012, 06:48 AM
Jun 2012

I wonder what he meant by that.

OrwellwasRight

(5,170 posts)
244. Nonsensical
Fri Jun 8, 2012, 08:15 PM
Jun 2012

Seriously, this is evidence of self-defense, really?

-He did warn them he was armed.
-He was outnumbered (disparity of force)


So if I walk into ANY crowded place and tell people I am armed I can shoot them in self-defense?

These things do nothing to establish that he was being threatened. There has to be a THREAT -- and the jury has to believe that you not only feared for your life but that your fear was reasonable.

Instead, he was the aggressor, putting others in fear by telling them "I WILL SHOOT YOU."

If this is what you believe establishes self-defense in the U.S., I never want to be in the same room with you. I might be at risk of you "defending yourself" against me.

sarisataka

(18,663 posts)
246. May I enlighten you
Fri Jun 8, 2012, 08:26 PM
Jun 2012

your scenario would be terroristic threats.

The threat is a group of 3-15 people approaching in a hostile manner against a lone man. That is a serious threat of bodily harm. Unless he is Chuck Norris one person cannot fight off a group like that.
The are right in front of him and some of the video indicates some might be trying to get around to the side or behind- the threat is now imminent.
He did say more than I will shoot you. He articulated he was in fear for his life.
At this point rather than talking about getting their own guns or offering that he drop the gun and see how tough he is, perhaps the least intoxicated could address him one on one saying let's talk this out- while someone else calls 911. I have never seen and reference that the men made that call.

You would only have to worry if you were attacking me. I am actually fairly pleasant to be around, if you don't mind sarcasm. I also like to argue both sides of an issue

OrwellwasRight

(5,170 posts)
251. No, my scenario has nothing to do with "terroristic threats"
Fri Jun 8, 2012, 08:49 PM
Jun 2012

whatever those are.

Three to fifteen people did not approach a lone man in a hostile manner.

A hostile man approached a party and waited outside to start some shit. When guests arrived HE APPROACHED THEM. That is 100% clear from the video. He approached them, and said he had complained the about the noise and they should turn it down. The party goers basically told him to screw off, and he immediately launches into a tirade about how he has a gun and he will shoot them. Yes, he stated he was "in fear for his life," but not only did he not sound fearful, there was nothing objectively frightening on the video. There was basically some dudes who had been drinking telling him to fuck off. After several minutes of threats and cussing, one of the unarmed men said, I am going to go even up this fight, implying he'd bring his own gun, and in order to prevent the evening of the odds, the aggressor shot three people.

In essence, if there was a terrorist, and I still don't see the connection, it was your dude, who basically took the position that if "my demands aren't met (i.e, if the music doesn't get turned down), I am going to shoot people."

So I still can't see any difference in your position. Your point of view would seem to imply that any lone gun nut can go anywhere, claim to be frightened and outnumbered, and start shooting people. So, for instance, was James Huberty in your scenario "standing his ground" because he was outnumbered and scared?

sarisataka

(18,663 posts)
254. Did you miss the truck?
Fri Jun 8, 2012, 09:06 PM
Jun 2012

That is when the group approached, some from the truck, some from the house.

If he was waiting in the street to start something- why go out there? Let him stand there until another Bush gets elected to the WH.

To me he did sound fearful. As I said in a different post IMO he did jump to the 'fear for my life' way too early. But objectively, have you ever had a group of people walk up telling you to screw off? Such a large number coming out together would be frightening.

IIRC several minutes passed between the statement of going to get a gun and the shots fired.

Never heard him say turn it down or I will shoot you.

Yes, actually any nut can go somewhere, attack some one and claim self defense. It happens all the time. The courts have no trouble convicting them.
SYG is not a magic set of words. Otherwise anyone arrested would just say 'but I didn't do it' and off come the cuffs.

The only thing I really like about SYG is civil immunity. If you are found not guilty in a criminal court, people should not be able to say 'we didn't like that verdict' and take you to court again.

OrwellwasRight

(5,170 posts)
256. No, I saw the truck.
Fri Jun 8, 2012, 11:18 PM
Jun 2012

As I stated, he approached it. He waited out side the party, mumbling to himself on the video, and then when the guys in the truck arrived, he approached them and told them to turn down the music.

Look, you can't be the aggressor, and then claim how scared you are. It's disingenuous. And he had to expect people would tell him to fuck off when he walks up, tells them to turn the music down and then starts yelling about "I WILL SHOOT YOU, I'M IN FEAR FOR MY LIFE." Yes, I've had people tell me to fuck off before--even in menacing ways, and I have also known when they did so out of my own instigating. So did this murderer.

Well, you seemed to argue above it was a magic set of words, that him saying how scared he was made it magically self-defense. So if we agree now, then great. If we don't, well, let's agree to disagree.

sarisataka

(18,663 posts)
257. I think we may not be totally eye to eye
Fri Jun 8, 2012, 11:30 PM
Jun 2012

but could discuss it over a pint without coming to blows

SYG theory is great when bad guy pulls a knife, says gimme your wallet and you pull a gun and say no.
when it is a couple regular Joes who let an argument get away from common sense I haven't seen one law that covers that so nicely.
When in doubt, send it to a grand jury. I think this case is proceeding well. Get the evidence, both sides story and judge guilt.
In my highly removed, sitting at my computer, listening to 70's music I believe R. is guilty of something. I'm just not ready to leap to capital murder without more facts of that night and what happened between them in the past.

Edit: saying the 'magic words' is a factor but a fairly minor one and in no way the deciding factor in judging SD. Sorry I was less than clear before.

pnwmom

(108,980 posts)
258. Why should he have felt fearful? He didn't have to stand his ground. All he had to do
Sat Jun 9, 2012, 01:10 AM
Jun 2012

was turn around and go back home.

sarisataka

(18,663 posts)
259. Tactically unsound
Sat Jun 9, 2012, 03:09 AM
Jun 2012

to expose your back to a potential threat. backing away would be prudent.

His biggest mistake (outside of starting the whole thing) was to engage in the verbal sparring. It removes the justification of being a 'reluctant participant' which is very important in claiming self defense.

As I said above, I do believe he is guilty of a crime, I am just not sure it is premeditated murder without more background and information.

Cosmocat

(14,565 posts)
283. He couldn't have, you know, STAYED IN HIS HOUSE?
Sun Jun 10, 2012, 07:36 AM
Jun 2012

This is just bizarre.

We now have pretext for people to initiate or cause conflict and then use SYG as a defense when they end up shooting someone?

The music was loud. That sucks, but it was not life threatening by any means. He could have stayed in his house, gone to a friend or family member's house.

If he brought his firearm with him, in his mind he knew it was a potential conflict.

He knew he would potentially "be in danger."

It was not like they came to his house or even knew he existed.

How on earth is it not obvious how wrong this is?

Heck, you can rob a bank and shoot the police officers who respond because you are in danger based on this thinking.

 

Hells Liberal

(88 posts)
100. So he's claiming "Stand your ground".
Thu Jun 7, 2012, 07:14 PM
Jun 2012

Guess what! He can claim it all he wants. It doesn't mean that he's going to beat the rap. ANYONE who's been charged with a serious crime is going to reach for whatever he can to try to get off.

Contrary to the ranting's of the antis, SYG is not a get out of jail free card. It's just one more thing for suspects to play and one more thing for a judge and jury to consider.

 

AnotherMcIntosh

(11,064 posts)
165. Actually, as verified by the link, he's claiming self-defense. Others who are opposed to him, but
Thu Jun 7, 2012, 09:14 PM
Jun 2012

not the other gun owner who threatened to go get a gun and return, are claiming that the "Stand your ground" argument is somehow involved.
http://www.khou.com/news/local/Testimony-continues-trial-of-retired-firefighter-who-claims-he-killed-neighbor-in-self-defense--157940005.html

Some might think that they are raising a straw-man.

McCamy Taylor

(19,240 posts)
104. He was standing on the victim's ground.
Thu Jun 7, 2012, 07:20 PM
Jun 2012

Someone needs to explain to me how he felt threatened by the noise. And if the noise was what was threatening him, should not he have shot the stereo?

GreenStormCloud

(12,072 posts)
113. He was standing in the street.
Thu Jun 7, 2012, 07:28 PM
Jun 2012

Video clearly shows that and the victim even says that he is in the street.

However, he still set the situation and the confrontation up. The video shows the victim with his hands raised and backing off.
The victim is an arrogant asshole but being that is not against the law.

pnwmom

(108,980 posts)
116. The victim isn't saying anything because he's dead. And the article says
Thu Jun 7, 2012, 07:32 PM
Jun 2012

the shooter was in the victim's driveway.

"While standing in Danaher’s driveway with a flashlight and a gun . . . "

pnwmom

(108,980 posts)
144. You can't tell that from the video. My driveway is more than 300 feet long. And the testimony
Thu Jun 7, 2012, 08:24 PM
Jun 2012

was that he was in the victim's driveway.

GreenStormCloud

(12,072 posts)
171. So what that your driveway is long? His wasn't.
Thu Jun 7, 2012, 09:35 PM
Jun 2012

Here is an photo of it.



It happened in an apartment complex. You were projecting your situation onto someone else and judging from your projection.

I still agree that the shooter was the agressor.

pnwmom

(108,980 posts)
221. True. But several media sources reported the same testimony.
Fri Jun 8, 2012, 12:38 PM
Jun 2012

Also, the tapes out there are all much shorter, edited versions of the original 22 minute tape. It is certainly possible that at different times in the altercation the shooter is in the street and in the driveway.

pnwmom

(108,980 posts)
232. How do you know where the location is?
Fri Jun 8, 2012, 04:02 PM
Jun 2012

Why did one of the other men say, "“When I go in that house and come back,” he warned, “don’t think I won’t be equal to you, baby.”

Not one of the media stories that comes up in google mentions this being in an apartment complex.

For example:

http://www.kvue.com/news/state/157807135.html

But Channel 11’s legal expert questioned the suspect’s rational for the shooting, which took place in front of the victim’s house two doors down from where Rodriguez lives.

pnwmom

(108,980 posts)
190. The courtroom testimony says they were in the driveway.
Fri Jun 8, 2012, 02:16 AM
Jun 2012


“As soon as we got out he pulled a gun on us and told us to get back,” said Marshall Stetson who was also shot that night. “We weren’t even in the street. We were in the middle of the driveway.”
Stetson was one of many witnesses who took the stand Thursday.
“I was wondering why he was fearing for his life, he was the one with the gun,” Stetson said in court.

http://www.khou.com/news/local/Testimony-continues-trial-of-retired-firefighter-who-claims-he-killed-neighbor-in-self-defense--157940005.html


The last seven minutes show Rodriguez in Danaher's driveway shining a flashlight at the party guests and demanding that they turn down the music.

http://www.chron.com/news/houston-texas/article/Video-taken-night-of-fatal-shooting-shown-to-3611376.php

renate

(13,776 posts)
119. I watched the video... it's not cut-and-dried to me
Thu Jun 7, 2012, 07:36 PM
Jun 2012

It looks like he was standing alone, 200 feet away (well, that's what he says, anyway), and then the three guys drive up to him. It's true that Rodriguez wasn't on his own property, and he certainly should have let the police handle the noise complaint, but if it really is correct that three guys drove up to him and one of them said (as appears on the tape) that he was going to go get something that Rodriguez couldn't handle, or whatever the exact words were, well, hmm. I'm not saying Rodriguez was right, not by any means, but the other three guys contributed to the situation's becoming escalated; it's not as though Rodriguez unilaterally started a life-or-death confrontation like Zimmerman did. I should add that I couldn't possibly be more anti-gun unless I were James Brady, and situations like this are one big reason why.

pnwmom

(108,980 posts)
126. So what if one of the guys said he could go back in the house and get a gun?
Thu Jun 7, 2012, 07:44 PM
Jun 2012

He didn't make any move to do so -- but if he had started to approach his own house, Rodriguez wouldn't have been justified in shooting him then, either.

Those guys were standing there with their hands up in the air, while R. kept telling 911 how afraid he was. What a liar. All he had to do was go back to his OWN home. He didn't belong next to anyone else's property, waving a gun around.

renate

(13,776 posts)
150. well, sure--this is why stand your ground laws are bullshit
Thu Jun 7, 2012, 08:39 PM
Jun 2012

I didn't explain my post very well. This shooting seems to have been completely avoidable. However, I had gotten the impression (before I watched the video) that Rodriguez videotaped himself going over to complain about noise, went "ooh ooh I feel as though my life is threatened," and shot somebody vigilante-style.

I'm just saying that the other three guys escalated the situation. If it had been me in Rodriguez's situation I'd have skedaddled the hell back home, but with stand your ground as a defense, he apparently chose to shoot to kill, because the guy had indeed threatened him, and he figured that was a defense... and maybe it is, legally. Stand your ground should only be a defense as a last resort but as the law is written, it sure doesn't seem to be.

pnwmom

(108,980 posts)
153. It should never be a defense when you're standing in someone else's driveway,
Thu Jun 7, 2012, 08:42 PM
Jun 2012

ordering them around.

dpibel

(2,833 posts)
160. Reasonable and imminent
Thu Jun 7, 2012, 08:59 PM
Jun 2012

Are part of the apprehension of danger.

Having some guy say he's going to go to his house pretty soon and get his own equalizer does not give rise to a reasonable fear of imminent death.

Key to your analysis: "He figured that was a defense." He may have figured wrongly.

toddwv

(2,830 posts)
148. How exactly do you "stand your ground" by taking a weapon onto
Thu Jun 7, 2012, 08:30 PM
Jun 2012

somebody else's private property?

MAYBE if he retreated back to his property and they came after him he'd have a defense.

Just from what is provided, this guy should be put up for premeditated murder.

JoeyT

(6,785 posts)
169. He doesn't stand a chance with that defense.
Thu Jun 7, 2012, 09:28 PM
Jun 2012

You can't drag your ass over to someone's house, pick a fight, and when they attempt to eject you from their property insist you're going to stand your ground.

If anything, he's lucky he didn't invoke castle doctrine and cap his stupid ass the second he stepped off the road. He'd have been well within his rights to do so.

Edited to add: Alright, I had it wrong. Apparently it was a child's birthday party the dude was pitching a fit about being too loud. The victim apparently had a problem with a crazy person with a gun showing up at the birthday party of a three year old and wanted him gone. Can't imagine why.

Ilsa

(61,695 posts)
176. If he thought his neighbor was dangerous
Thu Jun 7, 2012, 09:55 PM
Jun 2012

enough that he needed to take his gun with him to go talk to him, then he shouldn't have gone down there because it's too dangerous.

That being said, maybe if doofus Rodriguez is found Not Guilty, the idiots in the Texas Lege will revisit their stupid SYG law.

 

AnotherMcIntosh

(11,064 posts)
177. It's likely that he will be convicted. The MSM is reporting things which are at odds with the video
Thu Jun 7, 2012, 10:08 PM
Jun 2012

at #83.

For example:

The last seven minutes show Rodriguez in Danaher's driveway shining a flashlight at the party guests and demanding that they turn down the music.

Although he shouts several times that the music is too loud, it is not heard on the recording.

As a party goer approached Rodriguez to find out why he was in the driveway, Rodriguez's voice turns low.

"Get back. I will shoot you," Rodriguez can be heard saying. He apparently drew his gun and the man from the party raised his hands to reason with him.
http://www.chron.com/news/houston-texas/article/Video-taken-night-of-fatal-shooting-shown-to-3611376.php


Although the Houston Chronicle claims that the music "is not heard on the recording," it can be heard at 0.45.

Although the Chronicle claims that as "a party goer approached Rodriguez ...", the video shows that Rodriguez was certainly confronted at 1.17 et seq by more than a party goer.

The Chronical also reported that "party raised his hands to reason with" Rodriguez while the video clearly shows at 2.02 that he was threatening Rodriguez.

So many people are willing to believe the MSM instead of comparing what has been alleged with the actual video. Some, for example, repeat MSMS reports and claim that he was in Danaher's driveway when he wasn't. At least Rodriguez will have a trial before they hang him (or whatever they now do in Texas).

pnwmom

(108,980 posts)
191. I watched the same video you did and I saw no one threaten him at all.
Fri Jun 8, 2012, 02:18 AM
Jun 2012

Unlike the victim, he was not on his own property and he was the only one threatening anyone.

KansDem

(28,498 posts)
200. He shined a flashlight in their eyes?
Fri Jun 8, 2012, 07:45 AM
Jun 2012
The last seven minutes show Rodriguez in Danaher's driveway shining a flashlight at the party guests and demanding that they turn down the music.

Having had a flashlight shined in my eyes at night by both police and citizens, I can say it's a "dismissive technique" that is certain to increase the hostility of the moment and invites a "Whadda ya going to do about it, asshole?!!" response.

boppers

(16,588 posts)
185. "Former neighbors, union: Rodriguez 'always paranoid'"
Fri Jun 8, 2012, 12:56 AM
Jun 2012

"Asked not to go on camera by Harris County prosecutors because of Rodriguez’s trial, Baytown’s firefighter’s union president told KHOU 11 News Rodriguez was the first and only firefighter voted out their union. They said he was divisive, prejudice and always felt people were out to get him.

“He was paranoid to the point he thought somebody was going to do something to him,” Johnson said.

Johnson said Rodriguez often showed off his gun, argued with adults and children and had confrontations in his old neighborhood similar to what was caught on tape and showed in court Wednesday."

http://www.khou.com/news/Former-neighbors-union-Rodriguez-always-paranoid-157943785.html

Blue_Tires

(55,445 posts)
203. Here we go...Just as I'd been saying all along...
Fri Jun 8, 2012, 08:28 AM
Jun 2012

I only had to hear his voice on the video once to know he was a very timid, passive/aggressive timebomb, and he was the catalyst of 99 percent of the events in the chain leading up to the shooting...

And I thought he was kind of young for a "retired" firefighter, unless he had to retire because of illness or injury...

Blue_Tires

(55,445 posts)
230. I'm interested to know more about that...
Fri Jun 8, 2012, 03:13 PM
Jun 2012

Maybe they tried to suggest it and he refused...I'm also thinking that being "voted out" is some sort of euphemism for "fired/asked to resign/made to transfer to another station"

It can easily get to the point where you're a big enough jerkoff that friends and coworkers stop trying to help you (especially if you have anger management issues, or alcohol/drug addiction)-- They'd just as soon cut ties and not deal with you...

GreenStormCloud

(12,072 posts)
271. Mentally unbalanced people often don't have friends.
Sat Jun 9, 2012, 01:59 PM
Jun 2012

Especially if the unbalanced person shows constant hostility. This guy was so unpopular he was kicked out of his union because he was argumentative and didn't get along with anybody.

grantcart

(53,061 posts)
210. I am certain that if everyone involved was packing heat and using their 2nd ammendment rights (sic)
Fri Jun 8, 2012, 11:19 AM
Jun 2012

with concealed weapons that this would have ended with mutual respect and understanding.

All that is needed is more guns, more laws like SYG to encourage their use, and whenever possible liberal amounts of alcohol and paranoia.

One of the few instances where "Only in America" actually does fit.

KansDem

(28,498 posts)
260. Nah, you'd have a 21st-century version of the "O.K. Corral"
Sat Jun 9, 2012, 07:05 AM
Jun 2012

Last edited Sat Jun 9, 2012, 08:29 AM - Edit history (1)

And whoever was left standing would be forever enshrined in the annals of American pop culture.


Tommykun

(81 posts)
219. So, let me get this straight...
Fri Jun 8, 2012, 12:00 PM
Jun 2012

He called the cops several times, they were either too busy to respond or en route to his location... He decided that he was going to take actions into his own hands so he took his gun and his camera. He proceeded to follow through with an altercation with those involved with the teachers party. Instead of turning around, going home, he pulled out his weapon and began directly threatening those individuals. One person decided he would go even the odds by obtaining his weapon as well. The altercation escalates to the point where Mr. Rodriguez drops the camera and, from what it sounds like, opened fire. It could be him stepping on rocks or any other noises.

First off, he had no right going down to their residence and threatening them with deadly force. They had every right to defend themselves, according to Texas law. I believe Mr. Rodriguez should be found guilty because he decided to take matters into his own hands. This just further proves that stupid people shouldn't have deadly weapons licenses.

A smart person would have just waited until the cops arrived. Could have turned on his radio or TV to counter-act the noise he heard. Apparently it was a little ways down the street so it couldn't have been that incredibly loud. Were any other neighbors complaining as well?

pnwmom

(108,980 posts)
237. The only part that isn't quite right --
Fri Jun 8, 2012, 06:17 PM
Jun 2012

no one else ever got a gun -- one guy said that he "could" even the odds IF he went into the house -- but he didn't.

 

LanternWaste

(37,748 posts)
222. I'm just not surprised by this backaroo
Fri Jun 8, 2012, 01:24 PM
Jun 2012

I'm just not surprised by this backaroo-rootinist-tootinist-Cowboy-west-of-the-Peco stuff anymore...

What tired, little, petulant people are out there....

JI7

(89,252 posts)
247. Fucking GUn Nuts just looking and hoping for a chance to shoot someone
Fri Jun 8, 2012, 08:29 PM
Jun 2012

the fucker was hoping to kill someone. there is nothing on that video which shows his ass was being threatened. only threat was those guys weren't going to turn down the music.

if the fucker was scared why the fuck are you out there. why not go back into your home and call the cops about it.

 

Unite2DefeatGOP

(25 posts)
279. I don't even have to watch the video to know this man should be publically hung.
Sat Jun 9, 2012, 11:09 PM
Jun 2012

Gosh, all I needed to hear was 'Stand Your Own Ground' and 'Elementary teacher' and my mind was made up.

yellowcanine

(35,699 posts)
302. I don't think "Stand Your Ground" works as a defense when your ground is the victim's driveway.
Mon Jun 11, 2012, 12:11 PM
Jun 2012

But maybe I just don't get the nuances of the concept.

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