Does Stand Your Ground Apply

[RGinWA 816]

Nope. Killing someone who is going to hurt you is not OK. Killing someone who is going to kill you is OK.

In the OP, the lady was threatened by a man with a knife. He had the means to kill her and showed his intentions by swinging it at her. He meant to kill her. She had every right to kill him by defending herself. Same with GZ. When his head was bashed into the ground repeatedly, he had every right to defend himself. If he was following someone and placed them in fear - not fear for their life but just made them kind of scared - that person didn't have the right to put his life in jeopardy. That's the part folks keep missing.

Defending yourself is one thing. Defending yourself with deadly force is quite another.

SYG is for anyone at any time their life is threatened. Not before. You can keep trying to apply all this "extra" stuff to it but it's irrelevant.

You said he was "scared for his life" there is no verbal threat to legally utilize this defense?

Now you twist the law to fit your situation...how nice. Physical contact does not have to be made under SYG. Just the feeling that your life is in danger and FYI running is not part of SYG.

[decocker 7,198]

I applaud him for trying to clean up his neighborhood instead of just letting it go to $#!t like most people on here suggest. Keep watching the TV and let the government handle it. Great plan!

in your mind, what is the difference between a police state and a neighborhood watch free for all?

[I AM NOT THAT GUY 5,715]

Nope. Killing someone who is going to hurt you is not OK. Killing someone who is going to kill you is OK.

So, shooting somebody that you though was going rape you is not okay? Well, that will disappoint so many posters here.

[RGinWA 816]

I applaud him for trying to clean up his neighborhood instead of just letting it go to $#!t like most people on here suggest. Keep watching the TV and let the government handle it. Great plan!

And you keep posting on here why you waste valuable time you could use to secure your perimeter, stock up on survival gear and keep the thugs in line.

I applaud nothing he's done. He's a moron that should have stayed his sorry @ss in his car because he's a cream puff.

in your mind, what is the difference between a police state and a neighborhood watch free for all?

His self appointed judge.

Edited July 25, 2013 by RGinWA

[slim 1,530]

You said he was "scared for his life" there is no verbal threat to legally utilize this defense?

Now you twist the law to fit your situation...how nice. Physical contact does not have to be made under SYG. Just the feeling that your life is in danger and FYI running is not part of SYG.

Dude, your posts are hard to understand. Try thinking - and typing - rationally and coherently.

Who was "scared for his life?" What verbal threat? What are you talking about?

In the OP of this thread, the woman was attacked. In the GZ/TM thread, GZ was attacked. There's no indication that TM was ever in fear for his own life. Until you can come up with some evidence of that happening... you're pretty much done here.

in your mind, what is the difference between a police state and a neighborhood watch free for all?

One dude sitting in a car on his own time is just fine with me. Paying armed men billions of dollars to do what that other guy is doing for free is quite silly to me.

So, shooting somebody that you though was going rape you is not okay? Well, that will disappoint so many posters here.

It depends on the state. In most states though, rape is considered "serious bodily harm" and often "serious bodily harm" fits the bill for self defense - even with deadly force.

And you keep posting on here why you waste valuable time you could use to secure your perimeter, stock up on survival gear and keep the thugs in line.

Keeping the thugs in line around here is a good way to get shot. By the police, that is.

[RGinWA 816]

Dude, your posts are hard to understand. Try thinking - and typing - rationally and coherently.

Who was "scared for his life?" What verbal threat? What are you talking about?

In the OP of this thread, the woman was attacked. In the GZ/TM thread, GZ was attacked. There's no indication that TM was ever in fear for his own life. Until you can come up with some evidence of that happening... you're pretty much done here.

One dude sitting in a car on his own time is just fine with me. Paying armed men billions of dollars to do what that other guy is doing for free is quite silly to me.

It depends on the state. In most states though, rape is considered "serious bodily harm" and often "serious bodily harm" fits the bill for self defense - even with deadly force.

Keeping the thugs in line around here is a good way to get shot. By the police, that is.

It's because you don't understand common sense.

[Karee 4,190]

It's because you don't understand common sense.

Pot meet kettle.

[slim 1,530]

It's because you don't understand common sense.

Says the guy who keeps bringing up stuff irrelevant to the cases. I guess if you repeat it enough someone will believe you. Seems to be working for Obama, Sharpton, and over half of America.

[decocker 7,198]

One dude sitting in a car on his own time is just fine with me. Paying armed men billions of dollars to do what that other guy is doing for free is quite silly to me.

you're mighty trusting of other people to judge quite a lot of things, with the law on their side regardless. no thanks.

[slim 1,530]

you're mighty trusting of other people to judge quite a lot of things, with the law on their side regardless. no thanks.

The law is not on their side regardless. Where are you people getting that?

The law is on YOUR side.

Conflict resolution is a fairly simple human interaction. For some reason (probably the media) some of you think it's the wild west out here and anyone can kill you at any time. Sorry folks, that's not the case. If you wave a knife at someone and advance toward them or you jump on top of someone and bash their head against the ground repeatedly, then yes, they can defend themselves with deadly force.

But all this talk of "I felt threatened" giving you the right to kill people is completely and utterly false. Anyone remember the thread about dude standing in his neighbor's driveway saying "I'm in fear for my life here?" Shot a kindergarten teacher? You may want to find that one and give it a good read to understand SYG laws and the real deal with them.

Stop listening to Al Sharpton.

[Karee 4,190]

Anyone remember the thread about dude standing in his neighbor's driveway saying "I'm in fear for my life here?" Shot a kindergarten teacher? You may want to find that one and give it a good read to understand SYG laws and the real deal with them.

Stop listening to Al Sharpton.

(CBS/AP) HOUSTON - Retired Houston firefighter Raul Rodriguez was sentenced Wednesday to 40 years after he claimed that Texas' version of a stand-your-ground law allowed him to fatally shoot a neighbor over an argument about a noisy party.

Rodriguez, 46, was convicted of murder on June 13 for the 2010 killing of 36-year-old Kelly Danaher, an elementary school teacher. Angry about the noise coming from a birthday party at his neighbor's home, Rodriguez went over to Danaher's house and got into an argument with her and two other men.

In a 22-minute video he recorded on the night of the shooting, Rodriguez told a police dispatcher "my life is in danger now" and "these people are going to go try and kill me." He then said, "I'm standing my ground here," and fatally shot Danaher and wounded the other two men.

At trial, defense attorneys said Rodriguez, who had a concealed handgun license, was defending himself when one of the men lunged at him and he had less than a second to respond. Prosecutors called Rodriguez the aggressor and said he could have safely left his neighbor's driveway any time before the shooting, and the said Rodriguez had a history of not getting along with Danaher and other neighbors.

One neighbor testified that Rodriguez bragged about his guns and said a person could avoid prosecution in a shooting by telling authorities you were in fear of your life and were standing your ground and defending yourself. During the trial's punishment phase, neighbors, former co-workers and Rodriguez's ex-wife testified that Rodriguez was abusive, a bad neighbor and once shot a dog.

Rodriguez's attorneys also called for more than a dozen witnesses during the punishment phase, including his wife and sons. They and other family members testified that he was not abusive, always stressed the importance of gun safety and was not cavalier with his weapons. One son said Rodriguez shot the dog because it was attacking his family.

Rodriguez's defense was similar to that used by George Zimmerman, a neighborhood watch volunteer who is citing Florida's stand-your-ground law in his defense in the fatal February shooting of unarmed teenager Trayvon Martin. Rodriguez's case, however, was decided under a different kind of self-defense doctrine.

Texas' version of a stand-your-ground law is known as the Castle Doctrine. It was revised in 2007 to expand the right to use deadly force. The new version allows people to defend themselves in their homes, workplaces or vehicles. The law also says that a person using force cannot provoke the attacker or be involved in criminal activity at the time.

Source:

http://www.cbsnews.com/8301-504083_162-57462584-504083/raul-rodriguez-texas-man-gets-40-years-in-prison-for-fatally-shooting-neighbor-after-claiming-stand-your-ground-defense/

[RGinWA 816]

Says the guy who keeps bringing up stuff irrelevant to the cases. I guess if you repeat it enough someone will believe you. Seems to be working for Obama, Sharpton, and over half of America.

So over half of America disagrees with you...what a shocker.

[decocker 7,198]

The law is not on their side regardless. Where are you people getting that?

The law is on YOUR side.

Conflict resolution is a fairly simple human interaction. For some reason (probably the media) some of you think it's the wild west out here and anyone can kill you at any time. Sorry folks, that's not the case. If you wave a knife at someone and advance toward them or you jump on top of someone and bash their head against the ground repeatedly, then yes, they can defend themselves with deadly force.

But all this talk of "I felt threatened" giving you the right to kill people is completely and utterly false. Anyone remember the thread about dude standing in his neighbor's driveway saying "I'm in fear for my life here?" Shot a kindergarten teacher? You may want to find that one and give it a good read to understand SYG laws and the real deal with them.

Stop listening to Al Sharpton.

has nothing to do with al sharpton.

this woman, had no reason or right to take that man's life given what was seen on the tape. i suppose it's a matter of how much value you place on life. not your life in particular, but life - period.

the law is on YOUR side in this instance if you happen to have a shotgun in your trunk. if you happen to be the dumbarse with a knife and umbrella, there is no law to protect you. it's all up to whoever has the most effective weapon.

[Karee 4,190]

So over half of America disagrees with you...what a shocker.

I notice when you're getting your a$$ handed to you in a debate, all you can do is resort to childish smart a$$ comments. It's very entertaining.

[RGinWA 816]

(CBS/AP) HOUSTON - Retired Houston firefighter Raul Rodriguez was sentenced Wednesday to 40 years after he claimed that Texas' version of a stand-your-ground law allowed him to fatally shoot a neighbor over an argument about a noisy party.

Rodriguez, 46, was convicted of murder on June 13 for the 2010 killing of 36-year-old Kelly Danaher, an elementary school teacher. Angry about the noise coming from a birthday party at his neighbor's home, Rodriguez went over to Danaher's house and got into an argument with her and two other men.

In a 22-minute video he recorded on the night of the shooting, Rodriguez told a police dispatcher "my life is in danger now" and "these people are going to go try and kill me." He then said, "I'm standing my ground here," and fatally shot Danaher and wounded the other two men.

At trial, defense attorneys said Rodriguez, who had a concealed handgun license, was defending himself when one of the men lunged at him and he had less than a second to respond. Prosecutors called Rodriguez the aggressor and said he could have safely left his neighbor's driveway any time before the shooting, and the said Rodriguez had a history of not getting along with Danaher and other neighbors.

One neighbor testified that Rodriguez bragged about his guns and said a person could avoid prosecution in a shooting by telling authorities you were in fear of your life and were standing your ground and defending yourself. During the trial's punishment phase, neighbors, former co-workers and Rodriguez's ex-wife testified that Rodriguez was abusive, a bad neighbor and once shot a dog.

Rodriguez's attorneys also called for more than a dozen witnesses during the punishment phase, including his wife and sons. They and other family members testified that he was not abusive, always stressed the importance of gun safety and was not cavalier with his weapons. One son said Rodriguez shot the dog because it was attacking his family.

Rodriguez's defense was similar to that used by George Zimmerman, a neighborhood watch volunteer who is citing Florida's stand-your-ground law in his defense in the fatal February shooting of unarmed teenager Trayvon Martin. Rodriguez's case, however, was decided under a different kind of self-defense doctrine.

Texas' version of a stand-your-ground law is known as the Castle Doctrine. It was revised in 2007 to expand the right to use deadly force. The new version allows people to defend themselves in their homes, workplaces or vehicles. The law also says that a person using force cannot provoke the attacker or be involved in criminal activity at the time.

Source:

http://www.cbsnews.com/8301-504083_162-57462584-504083/raul-rodriguez-texas-man-gets-40-years-in-prison-for-fatally-shooting-neighbor-after-claiming-stand-your-ground-defense/

Proving the SYG law incites people to feel they can get away with murder.

Although this guy was convicted, someone still died and can't be brought back.

Without SYG, the teacher would be alive.

Thanks for that...

I notice when you're getting your a$$ handed to you in a debate, all you can do is resort to childish smart a$$ comments. It's very entertaining.

Why, do you know from experience?

In your opinion I got my @ss handed to me...wow, another shocker from the lock step peanut gallery.