Man claims self defense in shooting death

[B_J 2,752]

A Houston man on trial for fatally shooting his neighbor says he was acting in self defense and his home video can prove it.

Raul Rodriguez, a former firefighter, was recording his argument with neighbors, when he shot and killed Kelly Danaher, an elementary school teacher, and wounded two other people in May 2010. The 22-minute homemade video is the key to the trial, but what's on the video might be in the eye of the beholder.

"This is a difficult defense to mount," says Dana Cole, legal analyst and defense attorney. "He had no injury, he brought a gun to a noise complaint, and it appeared he was escalating it, by baiting the party-goers."

It was after midnight when Rodriguez, complaining to police over the phone that the music was too loud, walked up to Danaher's driveway with a flashlight and gun.

On the video, Rodriguez can be heard talking to a 911 operator, saying, "I'm running the video camera right now and I'm talking to you and I mean, I'm scared to death here."

In the unfolding confrontation between Rodriguez and several unidentified men, one yells, "Tell you what, pal, you just pulled a gun on the wrong [expletive], OK?"

When one of the party-goers saw Rodriguez's gun, he suggested he is getting his own. "When I go in that house and come back," he warned, "don't think I won't be equal to you, baby."

"It's about to get out of hand sir, please help me. Please help me, my life is in danger now…," Rodriguez told police over the phone. "Now, I'm standing my ground here. Now, these people are going to try and kill me."Seconds later, a fight about loud music ends with the crack of gunfire.

"Look, I'm not losing to these people anymore," Rodriguez said. "I'm just totally going to stay back, because they're drunk, they're…"

Rodriguez is interrupted by wild laughter, and then the sound of gunfire, before the tape stops as Rodriguez is tackled to the ground. In addition to the shot that killed Danaher, Houston Fire Capt. Ricky Johnson and Marshall Stetson received multiple gunshot wounds after the camera stopped recording. Rodriguez, a father of six, walked away from the incident unharmed.

The trial is expected to last about a week

http://gma.yahoo.com/blogs/abc-blogs/man-claims-self-defense-fatal-shooting-neighbor-115652180--abc-news-topstories.html

Follow link for video.

[Usui Takumi 1,562]

If that video shows he went over to the neighbors actually brandishing a weapon, he's not only an idiot he will probably be convicted.

Edited June 7, 2012 by Sousuke

[Obama 2012 1,714]

Complaining about noise is one thing.....

Threatening them with a gun is another.

He'll be punished for his actions for sure.

Of course the "laws" didn't stop him from killing anyone as some on these boards would lead us to believe.

[X Factor 1,110]

[natty bumppo 289]

he is having his day in court ... the jury will decide

based on the video alone ... dude what were you really thinking?

[del-2-5-2014 1,339]

Friends, if this Yahoo doesn't get convicted, even in gun totting Texas, then I don't know anymore about the Justice system.

That is all.

[Dan and Judy 614]

As long as you state clearly that you are scared to death, your life is in danger and you are standing your ground it is OK to shoot somebody on their property.

[Mr. Big Dog 10,747]

As long as you state clearly that you are scared to death, your life is in danger and you are standing your ground it is OK to shoot somebody on their property.

On their property, you're not exactly standing your ground - you're standing on theirs. Just sayin'...

[웃 910]

Of course the "laws" didn't stop him from killing anyone as some on these boards would lead us to believe.

There are probably 10 million people in this country that would do this daily if there was no penalty whatsoever.

Because of the way the law is written only a handful of 10 million people will actually carry through.

If you add up all the life years saved by the law it is somewhere around 100,000 life years a year.

I learned on this site that I can make up numbers so don't ask how I came up with the data.

[rocks 494]

As long as you state clearly that you are scared to death, your life is in danger and you are standing your ground it is OK to shoot somebody on their property.

If they're on your property, you can defend yourself. If you turn up at someones house waving a gun around, that isn't the same... If he was scared to death why didn't he wait for the police to turn up?

[Danno 1,228]

Sounds to me like he was saying on-tape all the things that would lead to a justifiable homicide.

Like it was planed out.

However, I didn't see where he went on their property. Lets suppose he was in front of their house and had his gun "just in case".

Lets suppose the guy came out of his house threatening the man, maybe ever fired first, is there no grounds in which this man could not fire back and defend himself?

If he taunted or egged the confrontation on, if he went on their property.... that is one thing but to say a person must hide in the house and wait for police is, in a free country wrong.

To claim that people are not free to walk a public sidewalk to avoid others from acting like criminals is silly.

[Obama 2012 1,714]

There are probably 10 million people in this country that would do this daily if there was no penalty whatsoever.

Because of the way the law is written only a handful of 10 million people will actually carry through.

If you add up all the life years saved by the law it is somewhere around 100,000 life years a year.

I learned on this site that I can make up numbers so don't ask how I came up with the data.

The law doesn't stop people from killing people.

The law can make it harder to get weapons to kill people, but if you want to kill someone you're going to do it.

50 homicides in May for Chicago. Now take that number and add in the amount of people who were victims of attempted homicide. - Laws don't stop #######.

[웃 910]

The law doesn't stop people from killing people.

The law can make it harder to get weapons to kill people, but if you want to kill someone you're going to do it.

50 homicides in May for Chicago. Now take that number and add in the amount of people who were victims of attempted homicide. - Laws don't stop #######.

It seems to me there is a high crime rate in areas where you can get away with crime.

And in areas where you get your hand chopped off for stealing...head chopped off for killing....a low rate.

Maybe it is just a coincidence?

[Leatherneck 693]

It seems to me there is a high crime rate in areas where you can get away with crime.

And in areas where you get your hand chopped off for stealing...head chopped off for killing....a low rate.

Maybe it is just a coincidence?

Those are areas where you have no right to self defense and folks live in fear of govt.

[slim 1,514]

What did he mean by "these people"?