Texas man found guilty of murder in 'Stand Your Ground' case
Legal panel weighs in on the case
- Duration 6:15
- Date Jun 14, 2012
Legal panel weighs in on the case
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-- -- back in session on the docket today of verdicts in a closely followed stand your ground case in Texas.
A jury finding Raul Rodriguez guilty of murder.
In connection with the killing of his neighbor.
During a confrontation over a noisy party.
Rodriguez claimed it was self defense under his State's version of the stand your ground law that laws also at the center of the -- on Martin's shooting case in Florida.
In this Texas case Rodriguez's neighbor was having a party playing loud music back in May have 2010.
Rodriguez who's a retired firefighter went over with a gun and a video camera.
Recording the entire event.
He is heard telling police on the phone that he was in fear for his life not long after the gun went off and his neighbor Kelly Danaher was dead.
It took a jury less than six hours to reach a verdict.
Same -- America's army and it's.
Did you have -- independent car.
Guilty joining me now David -- was a defense attorney -- -- -- is a former prosecutor now defense attorney gentlemen welcome.
And so this gentleman heard his neighbors.
Having allowed party.
Went over with the gun to confront them.
And then said that he felt in fear for his life the jury rejected it outright -- did they get it right.
Of course they did you know saying it's so don't make itself you know this guy learn the hard way that his ego is not -- an -- This -- over there specifically for clues those who provoke the victim.
From getting stand your ground protection.
And also his claim that he reasonably -- death -- great bodily harm with his announcement that -- -- fear for my life and then back or I'll shoot.
Of the fact that he didn't take the witness stand to testify also -- his.
I want that viewers to hear that I want vent here where he says his life is in danger it's not this first south by controlling the second -- and at the end.
Is the moment that the gun goes off and the murder takes place the killing takes place -- here.
You need to keep it don't.
When I thought that I come back don't they now call -- -- what do you diving.
It's about to get out of hand -- -- help you.
Please help me sir while I didn't even know look I'm -- -- -- people anymore -- this from whom stayed back from the comfort drone.
-- And then a gunshot goes off and the neighbors killed David can't.
-- he used that you hurt you here -- neighbors say when I go back in that house and come back out I'm gonna be equal to you meaning I I too will have a gun.
Why did that not help this defendant.
-- you know what mark is absolutely right about him not testifying really doing harm to his case but make it he goes over there not just with a gun.
What this cellphone -- that's critical because he did that to protect himself.
He walked over to it looks like a lot area near the house where this party was happening.
And the two guys who approach -- drive up aggressively to pick up truck.
They -- -- that pick up truck and approach him.
At that point it's dark -- -- -- the -- one guy gets to he has a reasonable fear of bodily injury or death at that point.
And he lets you know he says I'm in fear you got the cops are being dispatched on his cell phone as well.
Any drugs they don't just to tell -- -- I'm arms -- don't do anything to me all he wants Megan.
Its determination to this insufferable noises coming from the party.
And absolutely at the end you see -- cured happens it laughter and it does not sound like Rodriguez it sounds like the men jumping him and then they shot going off.
-- that was what I was so critical for him to explain this whole thing and the witness stand I don't know why that didn't happen.
But I fully expect based on the Texas law for this to be reversed on appeal.
While mark -- -- good luck but that aren't they taking the side of the defendant for the moment what why what would he.
What could he have done -- -- don't go over the first -- okay but now that he's over there.
If the guys jump him if they're mocking him if they say that they're gonna get -- I've gone I don't know whether they did -- if he knew whether they had what and then if they jumped him.
What what legally is to stop him from using the got to -- -- Objection your honor assumes facts not in evidence they jumped him.
That's not what I see on the videotape and I watched most of it right up to the very end.
They don't jump him they're spinning -- -- -- -- one point when he says -- -- -- -- your placing in fear what guys pay.
Hands literally -- up like this.
He shot and unarmed man.
And it is different than trade bond or as straight on is you know that that scenarios playing out.
You know this is different this cannot plausibly be -- -- that situation he was the one who initially provoked it that takes.
All way his argument and yet every reasonable means to wait for the police to handle this loud noise right or get a pair of your -- as.
That I went bananas what they're gonna argue when the -- -- on Martin case that George Zimmerman is the one who provoked it that he should -- waited for the police.
To go after.
The -- -- -- who he thought was suspicious.
And that he instead put himself in the situation of being the law enforcement officer created a confrontation.
And can't you stand your ground.
To defend his actions David that's the that that's how the other gonna -- -- make the same argument that was me in this case.
I think these cases are very similar actually Zimmerman apparently broke off his pursuit and then according to according to him and according to the facts now seem to support his story.
-- -- -- attacked him slammed his head to the concrete and that's when he shot and in this case it looked like.
-- -- escalation was simmering and nothing -- really happening.
But you -- -- and he's videotaping everything until that scuffle begins and then it all those right after the shot it all goes.
Blanketed the video ends and that sounds like the point went went on after Rodriguez was a.
-- -- I got I got run by about getting our record quickly mark how much -- has -- facing prison.
Shouldn't get it but he's facing a 36 year old man has -- -- I loved doing it loud music so.
You know it's going to be a harsh -- manslaughter asked Megan thank you both so much we'll see if he gets reversed on appeal will be -- back.