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Discussion Starter #1
Apparently Mr. Rodriguez's neighbors were having a loud party and Mr. Rodriguez decided to confront them about it, armed with a pistol and videocamera. Mr. Rodriguez wound up shooting 3 people and killing one, claiming self defense.

I've included links to two different news stories with different sections of Mr. Rodriguez' video.

WARNING: The 2nd video is not bleeped out and is NSFW/NSFK

http://www.khou.com/news/Retired-fi...deo-proves-it-was-self-defense-157620465.html

http://www.chron.com/news/houston-t...-night-of-fatal-shooting-shown-to-3611376.php

So what do you think? Self defense or murder?
 

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There must have been previous confrontations between these two families. Not a good idea to confront a house full of drinking partiers. Not a good idea to play LEO. He may indeed feared for his life, but he could have left, gone back home, before he felt he needed to shoot. I would have called them and asked them to tone it down, or called LE and watched. We have discussed the merits of deescalation over and over. He did not do a good job of that. Do not think it was cold blooded murder, but I think he will do some time for this.
 

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Tough call. He had a legal right to be where he was and a legal right to do what he was doing. His judgement stinks, but that's another issue. It was 3 against 1. In Florida I think he gets by. In Texas I don't know.
 

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Interesting how this story is getting very little play in the media despite the fact that video of the incident actually exists...probably because there are no oppressed minorities involved. :dunno
 

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Whether or not he is found guilty, this did not have to happen. Tragedy and waste of human life. Though he had the right to ask for quiet, that is what LE is for, he should have just let them handle it.
Sad unnecessary conclusion.
 

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Interesting how this story is getting very little play in the media despite the fact that video of the incident actually exists...probably because there are no oppressed minorities involved. :dunno
I'm guessing that the video was in evidence and playing it to the jury now makes it public and was shown for the first time yesterday.

It does appear he was attacked. It does appear that he provoked the situation and was off his property where neither SYG or the Castle Doctrine will apply. Everyone involved is an idiot.
 

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Whether or not he is found guilty, this did not have to happen. Tragedy and waste of human life. Though he had the right to ask for quiet, that is what LE is for, he should have just let them handle it.
Sad unnecessary conclusion.
I agree. Additionally, to enter a situation with such disparity (one against so many) just doesn’t seem logical, the odds were not in his favor. I just don’t see myself voluntarily engaging more than one person in anything other than a request for them to tone it down (something I would do even if it was just one person). If that doesn’t work, then go home and call the authorities.

Do people not think of the possible ultimate consequences? What if those all those other people had been armed as well? He could have been dead right now in lieu of going through a trial.

All of this over loud music at midnight on a Sunday? Senseless!
 

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Everyone involved is an idiot.
Why would anyone think that adding a gun to a group of idiots - 3 of which appear drunk - would solve anything! I don't think the jury is going to buy the SYG/Self Defense argument when he could have solved the problem by simply calling 911.
 

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He's in trouble. He was not on his property when he fired.
One does not have to be on one's own property to legally use deadly force. I am not saying that his use of deadly force was legal, but rather being on one's own property is not a determing factor.
 

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One does not have to be on one's own property to legally use deadly force. I am not saying that his use of deadly force was legal, but rather being on one's own property is not a determing factor.
No but moving off the property removes the use of SYG as well as the Castle Doctrine and makes it a straight up self defense case.
 

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No but moving off the property removes the use of SYG as well as the Castle Doctrine and makes it a straight up self defense case.
stand your ground applies anywhere you are legally entitled to be...
 

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Discussion Starter #13
No but moving off the property removes the use of SYG as well as the Castle Doctrine and makes it a straight up self defense case.
Actually, SYG applies to anywhere you have a legal right to be...including standing on a public ROW. But I don't think his claim that he "was in fear for my life" is valid. Somebody who is truly in fear for their life doesn't stand around for 20 minutes prattling like a juvenile school tattletale and loudly spouting a bunch of rehearsed CC catch phrases waiting for the other guy to do something...they either open fire immediately and/or beat feet. And his utterance "I'm not losing to these people again" makes it sound like he was intent on a showdown.
 

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Actually, SYG applies to anywhere you have a legal right to be...including standing on a public ROW. But I don't think his claim that he "was in fear for my life" is valid. Somebody who is truly in fear for their life doesn't stand around for 20 minutes prattling like a juvenile school tattletale and loudly spouting a bunch of rehearsed CC catch phrases waiting for the other guy to do something...they either open fire immediately and/or beat feet. And his utterance "I'm not losing to these people again" makes it sound like he was intent on a showdown.
my thoughts exactly on this situation...he spent more time using canned phrases to justify using his gun than actually trying to avoid it...it played more like he was looking for an excuse to shoot someone on the offensive rather than a defensive posture...
 

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Actually, SYG applies to anywhere you have a legal right to be...including standing on a public ROW. But I don't think his claim that he "was in fear for my life" is valid. Somebody who is truly in fear for their life doesn't stand around for 20 minutes prattling like a juvenile school tattletale and loudly spouting a bunch of rehearsed CC catch phrases waiting for the other guy to do something...they either open fire immediately and/or beat feet. And his utterance "I'm not losing to these people again" makes it sound like he was intent on a showdown.
I disagree. Of course that is in TX and we don't know their laws. But, from FL statutes;

776.041 Use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

I personally believe that some standing there with a gun telling me over and over again that he will shoot me is provocation.. He also could have turned and walked away any time. In FL he would also be tried for murder as he is in TX.
 

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Discussion Starter #16
I disagree. Of course that is in TX and we don't know their laws. But, from FL statutes;

776.041 Use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

I personally believe that some standing there with a gun telling me over and over again that he will shoot me is provocation.. He also could have turned and walked away any time. In FL he would also be tried for murder as he is in TX.
Oh, I agree that SYG doesn't apply to what this retard did, but it does cover you if you are not the aggressor. IMO, SYG laws were intended to protect you from prosecution in the event of a sudden attack, not an incident like this where a confrontation was totally foreseeable and the shooter made no effort to prevent the situation from escalating to deadly force.
 

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i get where youre going now...that makes sense and i agree...
 

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kum ba yah

This sucks. It's more fun when BnB and DeD disagree with me and calling me names.
 

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I am having a hard time understanding why he pulled the firearm in the first place. The people never seemed to be a threat until THEY saw that he had a weapon. Once they saw the weapon everything escalated from there.

Obviously both sides are idiots.
 

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