3 Jul 2012
In our blog of June 14 (2012 Study Says “Stand Your Ground” Laws Cause an Increase in Homicides), we discussed the “Stand Your Ground” law in Texas, which permits, under certain circumstances, the use of deadly force in response to an unlawful threat to your life, even when you have an available safe exit from the scene. That portion of the law, which states that you have no duty to retreat, has been the subject of much discussion of late, primarily as a result of the Zimmerman case in Florida, in which George Zimmerman has been charged with second degree murder for shooting an unarmed person who Zimmerman claims was assaulting him viciously on the street.
We told you we expected to hear more on the subject, and our prediction was immediately validated last week when a Houston man was sentenced to a 40-year prison term for murder, the jury having rejected his stand your ground defense. In that case, Raul Rodriguez, a retired Texas firefighter armed with a handgun, a flashlight and a video camera, confronted his neighbor about noise during a party hosted by the neighbor. He ended up killing the neighbor, and wounding two other men. During the course of the trial, the jury viewed a lengthy video captured by Rodriguez in which he stated that he feared for his life. Rodriguez also called police a number of times during the confrontation.
The verdict in the Rodriguez case involved some interesting testimony which no doubt contributed to the rejection of his defense. For one thing, one of Rodriguez’ other neighbors testified about a conversation she had with the defendant months before the shooting. Rodriguez had bought a new gun, and in the process of telling the neighbor he was excited about the purchase, he is quoted as saying that “[a]s long as you tell authorities you fear for your life, than you can shoot [any] son of a bi**h.” Other witnesses testified that Rodriguez was abusive and had once shot a dog.
In addition to the testimony of neighbors, the jury may also have been swayed by what could have been seen as a setup on the part of Rodriguez. When a defendant is the initiator of a confrontation, and enters the scene armed with a gun, a video camera and a flashlight, reasonable minds could certainly conclude that the accessories were designed to create the defense to a killing which had already been formulated in the defendant’s mind. Filming a 22-minute video during the event also tends to negate any claim that he reasonably feared for his life, which goes to the heart of the defense.
After reviewing the case, our question is this: If the stand your ground law were not on the books in Texas, would this killing have taken place?
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
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