Wed Jun 13, 2012, 08:18 PM
pnwmom (43,200 posts)
Texas jury convicts man in stand your ground case
Source: Atlanta Journal Constitution
A Texas man who claimed the state's version of a stand-your-ground law allowed him to fatally shoot a neighbor after an argument about a party has been convicted of murder. A jury convicted 47-year-old Raul Rodriguez Wednesday in Houston in the death of 36-year-old Kelly Danaher. He faces up to life in prison. Rodriguez, who videotaped the incident, can be heard on the recording saying he feared for his life and was standing his ground. SNIP Read more: http://www.ajc.com/news/nation-world/texas-jury-convicts-man-1456976.html
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111 replies, 14744 views
| Author | Time | Post | |
| pnwmom | Jun 2012 | OP | |
| JI7 | Jun 2012 | #1 | |
| Swede Atlanta | Jun 2012 | #2 | |
| meanit | Jun 2012 | #9 | |
| NutmegYankee | Jun 2012 | #34 | |
| primavera | Jun 2012 | #61 | |
| AtheistCrusader | Jun 2012 | #53 | |
| hack89 | Jun 2012 | #57 | |
| slackmaster | Jun 2012 | #63 | |
| JDPriestly | Jun 2012 | #97 | |
| Vincardog | Jun 2012 | #92 | |
| TheFarseer | Jun 2012 | #107 | |
| dixiegrrrrl | Jun 2012 | #98 | |
| obamanut2012 | Jun 2012 | #3 | |
| Woody Woodpecker | Jun 2012 | #4 | |
| awoke_in_2003 | Jun 2012 | #12 | |
| Woody Woodpecker | Jun 2012 | #24 | |
| awoke_in_2003 | Jun 2012 | #28 | |
| NutmegYankee | Jun 2012 | #36 | |
| Thinkingabout | Jun 2012 | #74 | |
| NutmegYankee | Jun 2012 | #87 | |
| tabasco | Jun 2012 | #91 | |
| NutmegYankee | Jun 2012 | #94 | |
| Meiko | Jun 2012 | #56 | |
| USD79 | Jun 2012 | #5 | |
| shcrane71 | Jun 2012 | #21 | |
| christx30 | Jun 2012 | #89 | |
| Vidar | Jun 2012 | #6 | |
| otherone | Jun 2012 | #8 | |
| pnwmom | Jun 2012 | #16 | |
| freshwest | Jun 2012 | #20 | |
| AnOhioan | Jun 2012 | #7 | |
| drm604 | Jun 2012 | #10 | |
| awoke_in_2003 | Jun 2012 | #13 | |
| ejbr | Jun 2012 | #11 | |
| JI7 | Jun 2012 | #14 | |
| freshwest | Jun 2012 | #22 | |
| sarisataka | Jun 2012 | #25 | |
| freshwest | Jun 2012 | #27 | |
| JI7 | Jun 2012 | #44 | |
| sarisataka | Jun 2012 | #45 | |
| freshwest | Jun 2012 | #48 | |
| gejohnston | Jun 2012 | #31 | |
| JoeyT | Jun 2012 | #60 | |
| Spoonman | Jun 2012 | #75 | |
| yardwork | Jun 2012 | #15 | |
| sarisataka | Jun 2012 | #17 | |
| pnwmom | Jun 2012 | #41 | |
| sarisataka | Jun 2012 | #46 | |
| Hoyt | Jun 2012 | #18 | |
| intheflow | Jun 2012 | #23 | |
| Hoyt | Jun 2012 | #30 | |
| marble falls | Jun 2012 | #58 | |
| TheCowsCameHome | Jun 2012 | #19 | |
| Cronkite | Jun 2012 | #26 | |
| radarluv | Jun 2012 | #29 | |
| gejohnston | Jun 2012 | #33 | |
| obamanut2012 | Jun 2012 | #47 | |
| pnwmom | Jun 2012 | #43 | |
| 4th law of robotics | Jun 2012 | #76 | |
| fascisthunter | Jun 2012 | #32 | |
| AtheistCrusader | Jun 2012 | #54 | |
| kestrel91316 | Jun 2012 | #35 | |
| SunSeeker | Jun 2012 | #71 | |
| gejohnston | Jun 2012 | #37 | |
| pnwmom | Jun 2012 | #42 | |
| boppers | Jun 2012 | #49 | |
| AtheistCrusader | Jun 2012 | #55 | |
| slackmaster | Jun 2012 | #66 | |
| secondvariety | Jun 2012 | #90 | |
| Judi Lynn | Jun 2012 | #38 | |
| DiverDave | Jun 2012 | #39 | |
| pnwmom | Jun 2012 | #40 | |
| spin | Jun 2012 | #64 | |
| Skittles | Jun 2012 | #50 | |
| spin | Jun 2012 | #65 | |
| pacalo | Jun 2012 | #51 | |
| pnwmom | Jun 2012 | #52 | |
| hack89 | Jun 2012 | #67 | |
| pacalo | Jun 2012 | #95 | |
| hack89 | Jun 2012 | #96 | |
| pacalo | Jun 2012 | #100 | |
| hack89 | Jun 2012 | #101 | |
| pacalo | Jun 2012 | #102 | |
| hack89 | Jun 2012 | #103 | |
| pacalo | Jun 2012 | #104 | |
| hack89 | Jun 2012 | #108 | |
| pacalo | Jun 2012 | #109 | |
| hack89 | Jun 2012 | #110 | |
| UglyGreed | Jun 2012 | #59 | |
| spin | Jun 2012 | #62 | |
| pnwmom | Jun 2012 | #69 | |
| spin | Jun 2012 | #70 | |
| ileus | Jun 2012 | #68 | |
| dmallind | Jun 2012 | #72 | |
| upaloopa | Jun 2012 | #79 | |
| dmallind | Jun 2012 | #83 | |
| freshwest | Jun 2012 | #73 | |
| catbyte | Jun 2012 | #77 | |
| upaloopa | Jun 2012 | #78 | |
| slackmaster | Jun 2012 | #80 | |
| upaloopa | Jun 2012 | #81 | |
| slackmaster | Jun 2012 | #82 | |
| upaloopa | Jun 2012 | #84 | |
| sarisataka | Jun 2012 | #85 | |
| pnwmom | Jun 2012 | #106 | |
| sarisataka | Jun 2012 | #111 | |
| 4th law of robotics | Jun 2012 | #99 | |
| Gothmog | Jun 2012 | #86 | |
| slackmaster | Jun 2012 | #88 | |
| Smilo | Jun 2012 | #93 | |
| joshcryer | Jun 2012 | #105 |
Response to pnwmom (Original post)
Wed Jun 13, 2012, 08:24 PM
JI7 (40,109 posts)
1. good, he deserves nothing less than life in prison
Response to pnwmom (Original post)
Wed Jun 13, 2012, 08:30 PM
Swede Atlanta (2,246 posts)
2. I don't know the specifics of this case but.........
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I firmly believe we cannot legalize the killing of another person simply because one is "standing their ground". If the person reasonably and actually believed their life was in danger I can see using deadly force. But this should have been proceeded with attempts to communicate with the alleged perpetrator to a cooling off stance.
You can't have someone walking out, seeing someone black, and immediately saying they felt threatened and killing them. There must be some affirmative act by the alleged "threat" to warrant the killing. |
Response to Swede Atlanta (Reply #2)
Wed Jun 13, 2012, 08:49 PM
meanit (156 posts)
9. These SYG laws are so full of holes and open to abuse it's ridiculous
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These insane laws need to go before more innocents are "legally" gunned down by nut cases.
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Response to Swede Atlanta (Reply #2)
Wed Jun 13, 2012, 10:48 PM
NutmegYankee (4,833 posts)
34. The original concept was sound, the execution into law a disaster.
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The original concept was if you are out walking in a place you were allowed to be and a person jumps you and attempts to harm you/rob you, you no longer have a duty to run away. Unfortunately it has been abused by aggressors as a justification for murder.
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Response to NutmegYankee (Reply #34)
Thu Jun 14, 2012, 08:57 AM
primavera (5,138 posts)
61. As, of course, was completely predictable
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Law isn't supposed to be drafted in a vacuum, one is supposed to anticipate the likely repercussions in a less than perfect world before one passes it.
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Response to Swede Atlanta (Reply #2)
Thu Jun 14, 2012, 02:59 AM
AtheistCrusader (14,267 posts)
53. And of course, there IS all of that. There must be an overt threat.
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And that is why the clown in the story in the OP is going to jail. He started the confrontation. He brandished a firearm. He did everything he could to escalate the situation. His victim was unarmed. The video shows no cause for him to be 'in fear for his life'.
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Response to Swede Atlanta (Reply #2)
Thu Jun 14, 2012, 08:05 AM
hack89 (21,310 posts)
57. This was not a SYG case
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nothing he did could be justified by the law. That is why Texas did not hesitate to charge him with murder.
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Response to Swede Atlanta (Reply #2)
Thu Jun 14, 2012, 09:01 AM
slackmaster (60,567 posts)
63. You should read up on both the law and this specific case
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Quick version: The law does not legalize killing without good reason.
If the person reasonably and actually believed their life was in danger I can see using deadly force. That has always been a valid defense in any state in the US. SYG expands the sphere of locations where there is a presumption that the use of force was reasonable from one's home to anywhere a person has a right to be. |
Response to slackmaster (Reply #63)
Fri Jun 15, 2012, 11:13 AM
JDPriestly (37,764 posts)
97. But, courts need to make that clear.
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Because idiots read it and think it makes them into deputy sheriffs and their community into Tombstone, Arizona.
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Response to Swede Atlanta (Reply #2)
Thu Jun 14, 2012, 07:23 PM
Vincardog (17,416 posts)
92. The facts of the case are these: PersonA was having a party and making noise. PersonB did not
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Last edited Thu Jun 14, 2012, 07:24 PM USA/ET - Edit history (1) Like the noise. PersonB took a gun and went down to
PersonA's house and told him to quiet down. PersonA said he did not have to quiet down. PersonB said "I have a gun. I am in fear for my life". PersonA said "I am going into my house and I will be back with something, then you can fear for your life". PersonB shot PersonA. |
Response to Vincardog (Reply #92)
Mon Jun 18, 2012, 07:01 AM
TheFarseer (6,672 posts)
107. yes, it seemed more like premeditated murder
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He said he feared for his life, but the facts and the video tape make that impossible to believe. Just because you say the right words does not make it OK to gun someone down in front of their house. If he really feared for his life, all he had to do was go home and lock the doors.
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Response to Swede Atlanta (Reply #2)
Fri Jun 15, 2012, 12:18 PM
dixiegrrrrl (30,883 posts)
98. The specifics were certain to get him convicted.
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He had a feud with the neighbor.
He took a camera and loaded gun TO the neighbors house confronted the neighbor and shot him all the while taping himself saying things like " I am in fear for my life" to use as evidence in his defense. HE ws the aggressor/attacker. |
Response to pnwmom (Original post)
Wed Jun 13, 2012, 08:33 PM
Woody Woodpecker (562 posts)
4. An eye for an eye in this case.
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I say a death sentence is too good, and will be made of how spectacular failure SYG or Castle Doctrine is.
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Response to Woody Woodpecker (Reply #4)
Wed Jun 13, 2012, 09:01 PM
awoke_in_2003 (18,518 posts)
12. an eye for an eye...
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makes us both blind.
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Response to awoke_in_2003 (Reply #12)
Wed Jun 13, 2012, 09:46 PM
Woody Woodpecker (562 posts)
24. Nyuk Nyuk Nyuk!
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*does the chicken thing*
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Response to Woody Woodpecker (Reply #24)
Wed Jun 13, 2012, 10:10 PM
awoke_in_2003 (18,518 posts)
28. Well, if I am a chicken...
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for opposing the death penalty, so be it.
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Response to Woody Woodpecker (Reply #4)
Wed Jun 13, 2012, 10:54 PM
NutmegYankee (4,833 posts)
36. Castle Doctrine is NOT a failure.
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Castle Doctrine says I do not have to retreat from my home if threatened with deadly force/harm by an intruder inside of it. You cannot reasonably oppose such a law. It is ludicrous to support that I could be charged with murder for defending my family from rape/murder rather than jumping out of a window to fulfill my "duty to retreat". And that is the alternative to Castle Doctrine - fleeing your home to avoid confrontation, no matter what is happening to your family.
Thankfully this Castle Doctrine concept has been in British Common Law for centuries. |
Response to NutmegYankee (Reply #36)
Thu Jun 14, 2012, 02:01 PM
Thinkingabout (1,789 posts)
74. Rodriquez left his home and went outside so the castle law does not apply
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He apparently has a problem and it did not start with this incident. Also, in Texas we have a Texas Penal Code which deals with loud noises. He claimed to have call the authorities but was not patient to allow them to do their job. This code has authorities going to location and giving a warning and if a second call is made the ones causing the problem should be cited. I don't think Rodriquez used proper control and resulted in someone dying, then he was charged with murder. This is the right call in this case.
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Response to Thinkingabout (Reply #74)
Thu Jun 14, 2012, 06:01 PM
NutmegYankee (4,833 posts)
87. What the hell are you talking about?
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I was responding to post number 4, which was treating Castle Doctrine as equivalent to SYG and calling it a failure. Castle Doctrine has been a US legal concept since our founding. SYG on the other hand is new...
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Response to NutmegYankee (Reply #36)
Thu Jun 14, 2012, 07:17 PM
tabasco (18,297 posts)
91. What does that have to do with this case?
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Response to tabasco (Reply #91)
Thu Jun 14, 2012, 10:57 PM
NutmegYankee (4,833 posts)
94. Woody called Castle Doctrine a failure in post #4.
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Like some others here, I doubt he understood that Stand your Ground and Castle Doctrine are not the same thing.
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Response to Woody Woodpecker (Reply #4)
Thu Jun 14, 2012, 03:37 AM
Meiko (1,076 posts)
56. I don't agree with
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the death penalty but he should get a rather lengthy sentence, possibly life. At any rate his life as he knows it is over.
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Response to pnwmom (Original post)
Wed Jun 13, 2012, 08:44 PM
USD79 (15 posts)
5. I saw the video. He should have been convicted. n/t
Response to USD79 (Reply #5)
Wed Jun 13, 2012, 09:33 PM
shcrane71 (1,706 posts)
21. Agreed. And welcome to DU!
Response to USD79 (Reply #5)
Thu Jun 14, 2012, 06:32 PM
christx30 (1,173 posts)
89. I saw the video
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Guy did everything except yell, "Action!" before going over there and murdering that guy. He just wanted to kill someone and get away with murder.
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Response to pnwmom (Original post)
Wed Jun 13, 2012, 08:46 PM
Vidar (18,335 posts)
6. I'm pleasantly surprised.
Response to otherone (Reply #8)
Wed Jun 13, 2012, 09:08 PM
pnwmom (43,200 posts)
16. Me, three.
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Welcome to DU, otherone!
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Response to pnwmom (Reply #16)
Wed Jun 13, 2012, 09:31 PM
freshwest (31,556 posts)
20. I'm not. From the link, the guilty verdict was likely; it matched my years there:
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Prosecutors called Rodriguez the aggressor who took a gun to complain about loud music and could have safely left his neighbor's driveway any time before the shooting...
Common sense says he could have safely left just as Zimmerman could have stayed in his vehicle. And quoting the article about the law there: It also says a person using force cannot provoke the attacker or be involved in criminal activity at the time. He provoked the victim on the victim's property. That is a big thing in Texas. Open and shut case. Glad no one was able to sway the jury otherwise. I'm pleased a dangerous man was taken off the streets. Nothing can make up for the loss to the teacher's family. ((((Am posting under 3 paragraphs to meet DU rules for copyright, as 'all rights were reserved.' If anyone believes I should delete that, let me know, I will.)) |
Response to pnwmom (Original post)
Wed Jun 13, 2012, 08:48 PM
AnOhioan (2,894 posts)
7. Excellent, the jury made the right decision
Response to pnwmom (Original post)
Wed Jun 13, 2012, 08:50 PM
drm604 (13,962 posts)
10. "It's coming right for us!"
Response to drm604 (Reply #10)
Wed Jun 13, 2012, 09:01 PM
awoke_in_2003 (18,518 posts)
13. Jimbo would fit in well...
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in Texas.
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Response to pnwmom (Original post)
Wed Jun 13, 2012, 08:56 PM
ejbr (3,953 posts)
11. Common sense prevails. Even in Texas. n/t
Response to pnwmom (Original post)
Wed Jun 13, 2012, 09:02 PM
JI7 (40,109 posts)
14. has anyone seen if Freepers are saying anything about this ?
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they are so passionate about defending Zimmerman.
but i haven't been able to find anything on this case. could it have anything to do with the race of the victims ? i think so. |
Response to JI7 (Reply #14)
Wed Jun 13, 2012, 09:33 PM
freshwest (31,556 posts)
22. It would be interesting, but I can't go there.
Response to freshwest (Reply #22)
Wed Jun 13, 2012, 09:50 PM
sarisataka (2,175 posts)
25. I can
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*chirp, chirp*
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Response to sarisataka (Reply #25)
Wed Jun 13, 2012, 10:09 PM
freshwest (31,556 posts)
27. Then go there and bring an analysis back. Just cut out the usual vulgar hate speech.
Response to freshwest (Reply #27)
Wed Jun 13, 2012, 11:34 PM
JI7 (40,109 posts)
44. i think they did, the "chirp chirp"
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means there is nothing from them on this case.
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Response to JI7 (Reply #44)
Wed Jun 13, 2012, 11:36 PM
sarisataka (2,175 posts)
45. Exactly
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I searched from several angles- this never happened
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Response to JI7 (Reply #14)
Wed Jun 13, 2012, 10:39 PM
gejohnston (12,599 posts)
31. Who is defending Zimmerman?
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There is a difference between "defending him" and pointing out "let's see where the real trial goes."
This guy was proven beyond a reasonable doubt in a court of law, not the court of media money grubbing for market share aka "trial by media" aka "electronic lynching". Big difference. |
Response to gejohnston (Reply #31)
Thu Jun 14, 2012, 08:26 AM
JoeyT (4,549 posts)
60. The Freepers and people like them.
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I haven't heard them or anyone like them demanding we should wait and see where the real trial goes.
They're usually saying something along the lines of "That little <insert whatever dog whistle they're currently using to mean "black".> got what he deserved. I wish we could do that to all of them.". |
Response to JI7 (Reply #14)
Thu Jun 14, 2012, 02:20 PM
Spoonman (1,761 posts)
75. There are very clear differences in the two cases.
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The Texas case had plenty of witnesses, and the conviction was the right call IMO.
The Zimmerman case has had every detail distorted by the media. I do not wish to argue the Z case, because you and I have no factual knowledge of it. |
Response to pnwmom (Original post)
Wed Jun 13, 2012, 09:09 PM
sarisataka (2,175 posts)
17. The initially released videos
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seemed to show that there was some chance of his self defense claim
The later ones which showed an officer at the scene and the information that the police had responded to the complaint pretty much wiped out that angle. Good verdict. |
Response to sarisataka (Reply #17)
Wed Jun 13, 2012, 11:12 PM
pnwmom (43,200 posts)
41. Don't forget the part where he said that the police officer was talking about
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"10 codes" and therefore the cop must be drunk.
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Response to pnwmom (Reply #41)
Wed Jun 13, 2012, 11:38 PM
sarisataka (2,175 posts)
46. I know I am usually drunk
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when I start talking in 10 codes
If I start talking in Mandarin I know I have to break off the kung-fu movie marathon. |
Response to pnwmom (Original post)
Wed Jun 13, 2012, 09:13 PM
Hoyt (12,151 posts)
18. Good. Wonder what would have happened without the video?
Response to Hoyt (Reply #18)
Wed Jun 13, 2012, 09:43 PM
intheflow (24,003 posts)
23. Probably the same verdict
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since the shooting happened on the victim's property. Dude wasn't standing his own ground, he clearly instigated the incident.
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Response to intheflow (Reply #23)
Wed Jun 13, 2012, 10:34 PM
Hoyt (12,151 posts)
30. Hope you are right, but I kind of think Post #29 makes a good point. SYG can happen anywhere.
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Not sure Texas even has a SYG law, but they have Castle Doctrine, a lot of folks who would die before walking down the street without a gun, and a lot more that makes me wonder. |
Response to intheflow (Reply #23)
Thu Jun 14, 2012, 08:16 AM
marble falls (1,910 posts)
58. As a Republican who lives in Texas and believes we have a right to self defense .....
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Last edited Thu Jun 14, 2012, 08:18 AM USA/ET - Edit history (1) and the defense in our homes, I also believe 'stand your ground' is stupid beyond belief (as is concealed carry laws) and that video or no that 'dude' was out to murder his neighbor and that if Zimmerman wasn't out to murder Trayvon, killing Trayvon was definitely on the table in his mind when he confronted him. These guys need to go to prison for very, very long times. I am against the death penalties.
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Response to pnwmom (Original post)
Wed Jun 13, 2012, 09:21 PM
TheCowsCameHome (27,714 posts)
19. His ground will be about 8'x8' square very soon.
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Adios, Raul.
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Response to pnwmom (Original post)
Wed Jun 13, 2012, 09:53 PM
Cronkite (158 posts)
26. Doesn't seem like a stand your ground case at all.
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The shooter went to a location and confronted the individuals. He had no right under the stand your ground laws to do this. I guess there is a lot of pressure to get rid of the "stand your ground" laws but this is not an example of how they are supposed to work.
I think a lot of the "stand your ground" defense claims (aka Zimmerman-Martin) are a result of the shooter grasping at straws for a defense after murdering someone. I personally believe that I have no duty to retreat and if confronted with physical violence; I have the right to end the attack. This DOES NOT give me the right to escalate the situation nor does it absolve me of the obligation to TRY to avoid a confrontation. You CAN'T start shit and then expect to use a "stand your ground defense". |
Response to Cronkite (Reply #26)
Wed Jun 13, 2012, 10:16 PM
radarluv (26 posts)
29. This being Texas and watching the video....
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I have to agree with you Cronkite, plus the shooter is Hispanic and the victim appeared to be white.
This being Texas, I wonder if the shooter had been white and the victim Hispanic.....Nahhh, it's still murder, and justice is blind in Texas, ... right? |
Response to radarluv (Reply #29)
Wed Jun 13, 2012, 10:43 PM
gejohnston (12,599 posts)
33. about as blind as it is in say Maryland
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racism exists in the North. The strange thing is watching New Yorkers moving to Florida thinking they can be more open about it here.
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Response to gejohnston (Reply #33)
Wed Jun 13, 2012, 11:48 PM
obamanut2012 (9,971 posts)
47. They do that in my state, too
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Move here and then are surprised when you get pissed at their blatant racism.
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Response to radarluv (Reply #29)
Wed Jun 13, 2012, 11:16 PM
pnwmom (43,200 posts)
43. I've been wondering that, too -- if the victim was the Hispanic guy,
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would the jury have made the same decision?
Welcome to DU! |
Response to radarluv (Reply #29)
Thu Jun 14, 2012, 02:36 PM
4th law of robotics (6,801 posts)
76. Clearly he was convicted based on his race and not his obvious guilt
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afterall Texas is exactly like the stereotypes people dreamed up.
Everyone rides horses everywhere, wears cowboy hats, and we dispense justice without a trial at high noon if we don't like the way someone looks. Sheesh. |
Response to Cronkite (Reply #26)
Wed Jun 13, 2012, 10:41 PM
fascisthunter (28,608 posts)
32. I think what we are witnessing is a consequence of SYG being a law
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and how it is being used a justification for murder. Congrats to those championing SYG... I'm sure the victim's loved-ones will appreciate their plight.
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Response to fascisthunter (Reply #32)
Thu Jun 14, 2012, 03:04 AM
AtheistCrusader (14,267 posts)
54. SYG didn't have a damn thing to do with it.
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Unless you count some pinhead's complete misinterpretation of the law 'encouraged' him do to it. In fact, I will even grant that the scenario is highly possible, given he filmed it, and seemed to be spouting keywords by rote 'you're armed, i'm in fear for my life' etc. Even with no apparent deadly threat in the video.
But that isn't an indictment of the law, and the problem will be self-correcting when people like him, and maybe Zimmerman too, go to jail forever as a public service annoucement. SYG is fine. It needs to be applied equally (I will grant that it does not, because racial biases factor into enforcement), that is all. |
Response to Cronkite (Reply #26)
Wed Jun 13, 2012, 10:50 PM
kestrel91316 (45,433 posts)
35. Which is why SYG doesn't protect Zimmerman either, IMHO.
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He was following Martin and scaring the kid half to death.
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Response to Cronkite (Reply #26)
Wed Jun 13, 2012, 10:56 PM
gejohnston (12,599 posts)
37. I agree
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I'm sure the same thing happens with duty to retreat. One of the strangest straw grasping was a case in Tampa I saw on the news. Some lady admitted to killing some one and claimed "self defense" thinking she would get automatic immunity. In the course of the police investigation, the cops figured out she could not have killed the guy because she was nowhere near the scene when it happened. I'm guessing she figured she could cover for someone and still walk.
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Response to Cronkite (Reply #26)
Wed Jun 13, 2012, 11:14 PM
pnwmom (43,200 posts)
42. There was a gun shop owner and "safety expert" who said on TV
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that Rodriguez had given all the correct verbal warnings, etc. He seemed to think Rodriguez had a good case. Thankfully the prosecutor and jury didn't agree.
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Response to pnwmom (Reply #42)
Wed Jun 13, 2012, 11:58 PM
boppers (16,588 posts)
49. He "said" the right things.
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What he said wasn't believed.
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Response to boppers (Reply #49)
Thu Jun 14, 2012, 03:05 AM
AtheistCrusader (14,267 posts)
55. And wasn't evident in the video.
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Worse, the video clearly shows multiple people chastise him for brandishing a firearm, early in the confrontation.
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Response to Cronkite (Reply #26)
Thu Jun 14, 2012, 09:10 AM
slackmaster (60,567 posts)
66. This was about someone trying to claim self-defense while standing someone ELSE'S ground
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It didn't work out for him.
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Response to Cronkite (Reply #26)
Thu Jun 14, 2012, 07:15 PM
secondvariety (488 posts)
90. I don't know about the rest of the country,
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but SYG has been used successfully in Florida by the instigator several times. But then, Florida makes Somalia look civilized.
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Response to pnwmom (Original post)
Wed Jun 13, 2012, 11:00 PM
Judi Lynn (77,650 posts)
38. So glad to see this. Never expected it. Gives human beings reason to hope. Thanks. n/t
Response to pnwmom (Original post)
Wed Jun 13, 2012, 11:04 PM
DiverDave (3,691 posts)
39. Post over at Alternet: 5 SYG cases you should know about
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http://tinyurl.com/csaqkvf
The one where the guy CHASES a guy 2 blocks and stabs him to death is pretty troubling... Meh It was fucking MURDER, and the guy walked... SYG is poorly written AND poorly enforced. |
Response to DiverDave (Reply #39)
Wed Jun 13, 2012, 11:08 PM
pnwmom (43,200 posts)
40. Thanks, DiverDave. That is truly disgusting. n/t
Response to DiverDave (Reply #39)
Thu Jun 14, 2012, 09:05 AM
spin (14,739 posts)
64. I agree that the laws need to be rewritten ...
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to remove any ambiguities or confusion and a public service announcement should be televised to explain that the law is not a license to kill.
I also feel that any incident that involves a stand your ground defense deserves a thorough and unbiased investigation. If there is absolutely no question that the shooter acted by using legitimate self defense, he should not face prosecution. If serious questions exist, he should be prosecuted an have his day in court. |
Response to pnwmom (Original post)
Thu Jun 14, 2012, 12:58 AM
Skittles (86,344 posts)
50. gun nuts ALWAYS "fear for their lives"
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Last edited Thu Jun 14, 2012, 12:59 AM USA/ET - Edit history (3) that's what makes them gun nuts
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Response to Skittles (Reply #50)
Thu Jun 14, 2012, 09:09 AM
spin (14,739 posts)
65. Define "gun nuts" ...
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I'm hoping that you are not insinuating that all people who have carry permits are gun nuts and fear for their life.
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Response to pnwmom (Original post)
Thu Jun 14, 2012, 02:06 AM
pacalo (20,684 posts)
51. Same goes for Zimmerman...
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Johnson said Rodriguez can't hide behind the stand-your-ground law because he provoked the confrontation and then brandished his weapon against an unarmed individual, which is a crime.
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Response to pacalo (Reply #51)
Thu Jun 14, 2012, 10:04 AM
hack89 (21,310 posts)
67. The big complication with Zimmerman is the lack of witnesses.
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it makes the prosecution's job much harder.
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Response to hack89 (Reply #67)
Thu Jun 14, 2012, 11:29 PM
pacalo (20,684 posts)
95. It's the big picture that's the most incriminating, imo.
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Zimmerman's twisted "well, I have injuries!" tactic doesn't wash because if he had let the police investigate his paranoic delusion that Trayvon was up to no good by walking down a sidewalk, there would have been no murder.
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Response to pacalo (Reply #95)
Fri Jun 15, 2012, 07:57 AM
hack89 (21,310 posts)
96. Totally irrelevant in court though
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he doesn't have to prove his innocence. The prosecutor has to prove his guilt "beyond a reasonable doubt".
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Response to hack89 (Reply #96)
Fri Jun 15, 2012, 07:49 PM
pacalo (20,684 posts)
100. The fact that Zimmerman pursued Trayvon is very relevant.
Response to pacalo (Reply #100)
Fri Jun 15, 2012, 08:06 PM
hack89 (21,310 posts)
101. To a point
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What he did was not illegal. The details of what exactly happened after Zimmerman talked to the dispatcher are not clear at all. The question is who assaulted who first - Zimmerman will say it was Martin.
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Response to hack89 (Reply #101)
Sat Jun 16, 2012, 12:14 AM
pacalo (20,684 posts)
102. It's pretty clear to me that Zimmerman didn't stand back & allow the police to handle his complaint
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like the dispatcher advised him. Everything that happened after Zimmerman disregarded that advice was his fault.
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Response to pacalo (Reply #102)
Sat Jun 16, 2012, 10:06 AM
hack89 (21,310 posts)
103. No doubt
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but that doesn't answer the question as to who committed the first illegal act. It was perfectly legal for him to follow Marten and to challenge him. What happens next is the question.
Don't forget that under Florida law, even if Zimmerman was the aggressor, there are specific situations under which he could legally use force to defend himself. And you know his lawyer will us that as his defense. |
Response to hack89 (Reply #103)
Mon Jun 18, 2012, 12:38 AM
pacalo (20,684 posts)
104. Who committed the "first illegal act"?
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If Trayvon fought off Zimmerman, he had a right to do so. Zimmerman's motivation was paranoia & he went out of his way to confront Trayon. Trayvon's motivation was to protect himself from Zimmerman's aggressive approach toward him.
The "first illegal act" was committed by Zimmerman when he shot Trayvon. The first point of discussion in the jury deliberations will surely be, why didn't Zimmerman listen to the dispatcher & wait for the police to handle his complaint? It's common sense. |
Response to pacalo (Reply #104)
Mon Jun 18, 2012, 07:47 AM
hack89 (21,310 posts)
108. It is not illegal to follow and verbally confront someone
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it is illegal to follow and assault someone. It is illegal to follow someone and verbal threaten bodily harm. However, if I come up to up and ask "why are you here" that does not give you the right to pound my head in the concrete.
Go read the Florida law on aggressors and self defense. Zimmerman could have started the entire thing and still be legally entitled to use deadly force to defend himself. It is in black and white. Having served on a couple of juries, let me tell you that common sense has no place in a trial. It is all about the letter of the law and how it has been interpreted. The lawyers will fight tooth and nail over what facts will be presented to the jury and you can be certain that very important information will not presented for various legal reasons. The judge will instruct the jury exactly what the law says and will warn them to keep personal opinions or "common sense" out of the jury room. He will also explain in great detail exactly what "reasonable doubt" means and how any doubt must be be decided in the favor of the defendant. All I am saying is that everyone things this case will be a slam dunk while I think that people have unreasonable expectations as to the results. It will not be an easy conviction. With only one side of the story and the letter of the law being what it is, beyond a reasonable doubt becomes a very high bar for the prosecutor. In trials, the proceedings are slanted towards the defendant for obvious reasons. That sometimes means that guilty people go free - look no further than Casey Anthony. |
Response to hack89 (Reply #108)
Mon Jun 18, 2012, 02:15 PM
pacalo (20,684 posts)
109. Just as in the Texas case, it will be clear that there would not have been a need for
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a "stand your ground" defense if not for Zimmerman's vigilante attitude. You seem to think that common sense has no bearing on this case & that the judge will specifically instruct the jury not to use their common sense. The main point of this case has everything to do with common sense. Zimmerman made a very unwise choice & everything that followed was a result of that poor choice of action.
The verdict will be very much like the Texas case: Johnson said Rodriguez can't hide behind the stand-your-ground law because he provoked the confrontation and then brandished his weapon against an unarmed individual, which is a crime.
Zimmerman went out of his way to commit murder against someone who was minding his own business. |
Response to pacalo (Reply #109)
Mon Jun 18, 2012, 02:23 PM
hack89 (21,310 posts)
110. There are some fundamental differences though
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They could prove Rodriguez did all those things - there were eyewitnesses and he filmed it.
That is not the case with Zimmerman - there are no eyewitnesses to the moments right before the shooting. There is no evidence that he brandished his gun. You need to look at the actual Florida law - there are specific instances where the aggressor can legally use deadly force in self defense. It is in black and white. |
Response to pnwmom (Original post)
Thu Jun 14, 2012, 08:19 AM
UglyGreed (28 posts)
59. Well that is really good news
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one down and placed in a cage. Hopefully another murderer will be convicted in FL next.
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Response to pnwmom (Original post)
Thu Jun 14, 2012, 08:57 AM
spin (14,739 posts)
62. The media has been constantly saying that "Stand Your Ground" laws ...
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are a license to kill.
Obviously as shown by the results of the trial of this Texas man, this is false. The Stand Your Ground law does not allow you to start a confrontation and then shoot someone. Texas jury convicts man in stand-your-ground case What bothers me is when the media constantly repeats the idea that "Stand Your Ground" is a license to kill, some individuals will believe it and try to get away with murder. The media will then publicize such incidents and repeat their contention that stand your ground is a license to kill and this may lead to more tragedies. |
Response to spin (Reply #62)
Thu Jun 14, 2012, 11:11 AM
pnwmom (43,200 posts)
69. One case doesn't disprove the media's point
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that many people have interpreted the laws as a license to kill, including defendants, prosecutors, and juries; and that there is tremendous inconsistency in how these laws are applied, both among different racial groups, and among states.
Hopefully the media's attention to this Texas case will help the next Rodriguez or Zimmerman think twice. |
Response to pnwmom (Reply #69)
Thu Jun 14, 2012, 12:45 PM
spin (14,739 posts)
70. I agree. This case should be publicized...
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It's important for people to understand that you have to have damn good reason to use lethal force and that you can't start the confrontation and use stand your ground as a defense.
If you are in a place where you have every right to be, are not involved in criminal activity and you are attacked by a person who has the ability and the intention of putting you in the hospital or six feet under, you should be able to defend yourself without having to retreat. The catch is that a reasonable person standing in your shoes should agree with your actions. I consider myself a reasonable person. In the situation described I would have asked the people to turn the noise down. When they refused and were belligerent, I would have left and contacted the police. The situation would have ended peacefully. This fool assumed that he would be protected by the stand your ground law despite the fact that he was provoking people who had been drinking. He was obviously looking for a fight and an excuse to murder someone and he did. You never go looking for trouble because if you do it will find you. Perhaps he believed what the media says and thought he would walk away a free man as he had a license to kill. He was wrong and I have absolutely no compassion for him. I do feel compassion for his victims and their families. I agree that there has been inconsistencies in how law enforcement, prosecutors and juries have interpreted this law. In many states including Florida the law as written is confusing and ambiguous and needs to be rewritten. |
Response to pnwmom (Original post)
Thu Jun 14, 2012, 10:26 AM
ileus (9,216 posts)
68. You can't hide murder behind any law.
Response to pnwmom (Original post)
Thu Jun 14, 2012, 01:01 PM
dmallind (10,437 posts)
72. Obviously. Just because the shooter SAID it was a stand your ground scenario did not make it so
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as the jury obviously could tell. Why people are still whining about a law falsely invoked by a murderer I have no idea. If a guy gets a parking ticket even though he falsified a need for a handicapped permit and the judge saw through it, does that make handicapped permits and the laws allowing them a bad idea?
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Response to dmallind (Reply #72)
Thu Jun 14, 2012, 04:07 PM
upaloopa (2,092 posts)
79. There is a false equivalency if there ever was one. Illegal parking doesn't result in the death of
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someone's husband or father!
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Response to upaloopa (Reply #79)
Thu Jun 14, 2012, 04:50 PM
dmallind (10,437 posts)
83. And since when did analogies have to be identical? Neither did SYG laws result in this death btw
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A murderer is responsible for murder. Nothing else.
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Response to pnwmom (Original post)
Thu Jun 14, 2012, 01:13 PM
freshwest (31,556 posts)
73. Much too late, Rodriquez will find there is such a thing as living in real fear for your life.
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Life in the TDOC is not as forgiving as his neighbors were before he decided to enforce the law in his head on others. He is no longer presumed innocent and will not enjoy the liberty that he should have granted his neighbors, as they did for him.
The police had decided the law was not broken IRL and now he has a real life lesson to learn, if he can. If he has a mental health issue, life behind bars will be his nightmare come true. What a terrible waste, all around. But he couldn't be allowed the freedom of the streets any longer. |
Response to pnwmom (Original post)
Thu Jun 14, 2012, 03:31 PM
catbyte (3,945 posts)
77. I have a sneaking suspicion that SYG only applies to Whites
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Maybe I'm wrong, but I kinda doubt it.
Diane Anishinaabe in MI & mom to Leo, Taz & Nigel, members of Dogs Against Romney, Cat Division "Dogs Aren’t Luggage--HISS!” |
Response to pnwmom (Original post)
Thu Jun 14, 2012, 04:00 PM
upaloopa (2,092 posts)
78. This has gone too far. Society has been bullied by the gun lobby to let gun nuts shoot first and
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ask questions later. If it were up to me anyone using stand your ground should have to prove to a court that their life was in danger or be convicted of murder. Human life trumps gun rights not the other way around. A man is dead, a wife is a widow and children are without a father because of the bullying of society by gun nuts!
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Response to upaloopa (Reply #78)
Thu Jun 14, 2012, 04:13 PM
slackmaster (60,567 posts)
80. Our entire criminal justice system is based on a presumption that the defendant is innocent
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The burden of proof is always on the state to prove beyond a reasonable doubt that the defendant is guilty of a crime.
If it were up to me anyone using stand your ground should have to prove to a court that their life was in danger or be convicted of murder. That wouldn't be just a rollback of the laws commonly referred to as Stand Your Ground. It would be a complete reversal of centuries of judicial practice. A man is dead, a wife is a widow and children are without a father because of the bullying of society by gun nuts! No, a man is dead, etc. because some idiot broke the law. BTW, did you know that he was convicted of murder? |
Response to slackmaster (Reply #80)
Thu Jun 14, 2012, 04:41 PM
upaloopa (2,092 posts)
81. Two things happened reasently that resulted in an innocent person losing his life.
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Last edited Thu Jun 14, 2012, 04:42 PM USA/ET - Edit history (1) 1. reasonable restrictions to carrying guns were done away with and 2. stand your ground laws were passed. Gun nuts feel free to carry loaded weapons where the hell ever they want and can shoot who ever they want and say they were in danger.
That is de-evolution! |
Response to upaloopa (Reply #81)
Thu Jun 14, 2012, 04:45 PM
slackmaster (60,567 posts)
82. No, an innocent person is dead because an idiot broke multiple laws and committed murder
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HTH
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Response to pnwmom (Original post)
Thu Jun 14, 2012, 05:26 PM
upaloopa (2,092 posts)
84. You know what would be nice to hear? A gun person saying "Gee! what a tragedy that an
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innocent person lost his life because the wrong kind of person owned a gun." Not, "There should be no restrictions on my right to hug my warm fuzzy gun!"
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Response to upaloopa (Reply #84)
Thu Jun 14, 2012, 05:50 PM
sarisataka (2,175 posts)
85. Something else that would be nice to hear
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A pro-control person saying "Let's get the facts and let the DA determine charges" before pronouncing the shooter guilty of murder based on the fact someone was shot.
May I also note, not a single pro-gun person has screamed that the verdict is wrong or that there was any failure of the legal system. |
Response to sarisataka (Reply #85)
Mon Jun 18, 2012, 06:38 AM
pnwmom (43,200 posts)
106. The shooter admitted to the shooting, and helpfully made the video.
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So it was pretty easy to determine the facts in this case.
The only question was whether a jury would believe that he feared for his life. |
Response to pnwmom (Reply #106)
Mon Jun 18, 2012, 02:36 PM
sarisataka (2,175 posts)
111. My point is that
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judgment is often made long before the facts come out.
In this case all the information was shooting, teacher... And many had pronounced him guilty. My own opinion was that there could be justifiable self defense. As more info came out, primarily through the video, it was clear he had acted far beyond what is accepted. He was the aggressor and is guilty of murder |
Response to upaloopa (Reply #84)
Fri Jun 15, 2012, 07:02 PM
4th law of robotics (6,801 posts)
99. I suspect you would hear less of the latter if
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every time something like this happened there weren't plenty of people using the tragedy to push gun control.
If every time there was a car wreck about 20% of the country started demanding we ban all cars you would hear a lot of "now let's not use this to ban all cars" preemptively from the other 80%. |
Response to pnwmom (Original post)
Thu Jun 14, 2012, 06:00 PM
Gothmog (4,441 posts)
86. A neighborhood bully who had a CHL, an arsenal of weapons and a knowledge of the law
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The Harris County DA had some good comments about this defendant http://www.chron.com/news/houston-texas/article/Houston-stand-your-ground-defendant-found-guilty-3630968.php
Prosecutors said Rodriguez, 47, was parroting buzzwords he learned in a concealed handgun licensing class like "I'm standing my ground," and "escalating the situation" to bully his neighbors. |
Response to Gothmog (Reply #86)
Thu Jun 14, 2012, 06:25 PM
slackmaster (60,567 posts)
88. His knowledge of the law was flawed
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I hope he's learned something from this experience.
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Response to pnwmom (Original post)
Thu Jun 14, 2012, 07:27 PM
Smilo (1,886 posts)
93. TYT had this as a segment earlier in the week........ I am glad TX
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has some right thinking people and that the correct sentence was given.
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Response to pnwmom (Original post)
Mon Jun 18, 2012, 02:48 AM
joshcryer (39,764 posts)
105. Fuck yeah, trial by jury.
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Not perfect but gets it right most of the time. |

