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#11
Old 11-25-2012, 02:14 PM
Michael Paine
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The fearing for his life excuse won't stand up, he had the opportunity to leave but just stood there. He was the one that went out to provoke the conflict. He says to the dispatcher that the man went inside to get a gun while the man is still in camera shot not going anywhere.

He went to his neighbours to cause a confrontation so he could shoot him.
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#12
Old 11-25-2012, 02:18 PM
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Rodriguez was sentenced to 40 years for shooting Danaher.

Seems rather harsh to me, considering how threatening Danaher was in that video.

All the details are here:

http://www.stradleylaw.com/rodriguez...-self-defense/
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#13
Old 11-25-2012, 02:20 PM
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Quote:
Originally Posted by Freedom. View Post
Rodriguez was sentenced to 40 years for shooting Danaher.

Seems rather harsh to me, considering how threatening Danaher was in that video.

All the details are here:

http://www.stradleylaw.com/rodriguez...-self-defense/


that article looks to be from a very biased source. texas is notoriously conservative, and pro gun.
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#14
Old 11-25-2012, 02:23 PM
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Originally Posted by New England View Post
that article looks to be from a very biased source. texas is notoriously conservative, and pro gun.
If you fell on to someone's front law in Texas they'd get away with shooting you.
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#15
Old 11-25-2012, 02:25 PM
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Originally Posted by Own3d View Post
If you fell on to someone's front law in Texas they'd get away with shooting you.


absolutely

it's hard for foreigners to grasp at times the level of independence that states have. they govern themselves. the laws in my home state of MA are completely different from texas laws. the people are completely different, too.


you'll probably find european nations with more in common with each other than some states have in common with other states.
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#16
Old 11-25-2012, 02:30 PM
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The guy would have been OK, had he not incriminated himself as provoking the incident .... He thought having the camera would support his belief that he was "Standing his ground", but instead provided all the evidence needed to show he was provocative and could have retreated.
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#17
Old 11-25-2012, 02:31 PM
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Originally Posted by New England View Post
absolutely

it's hard for foreigners to grasp at times the level of independence that states have. they govern themselves. the laws in my home state of MA are completely different from texas laws. the people are completely different, too.


you'll probably find european nations with more in common with each other than some states have in common with other states.
For example they don't have absolutely mental laws on the books sanctioning murder if you manage to contrive a situation that you could spin has "self defense".
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#18
Old 11-25-2012, 02:35 PM
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Originally Posted by UglyPug View Post
just a lil FYI: Zimmerman's defense will probably not use stand your ground self-defense. THey are going to argue simple common-law self-defense. Which is what I was trying to tell people from the beginning.

Where I laid out all the elements, and applied the facts of the case (the ones not in dispute) to the law to show how he was indeed covered by the law.
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Originally Posted by UglyPug View Post

Stand your ground is a good concept, I believe. You should not have to try to retreat if somebody is attacking you. . That could result in you getting ****ed up even worse. . . But the law is often written vaguely, and in turn, can be used to cover certain instances that are not itended to be protected.

Still need to know more about this case, but it sounds like this should not be covered by stand your ground, nor common law self-defense. But I can't say for sure.



That's not what you were saying. Also, if you follow an unarmed citizen while carrying a gun, without cause, you are not automatically covered by the law just because you were getting your ass kicked. Nice try though.

Last edited by joseph5620; 11-25-2012 at 02:37 PM..
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#19
Old 11-25-2012, 02:36 PM
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For example they don't have absolutely mental laws on the books sanctioning murder if you manage to contrive a situation that you could spin has "self defense".

there is validity on some level to the mentality of a texan who wants a gun to protect himself


texas is a big place. depending on where you live you might be hours away from police assistance, medical care, etc. in those situations i'd appreciate the right to have a gun, and to use it if i had to.



it gets abused, though, for sure. this bloke with the camera and the gun is evidence of that. i'm just making a judgement based off of the video, but that guy had an itchy trigger finger, IMO. he wanted trouble, and he went looking for it.
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Old 11-25-2012, 02:38 PM
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Originally Posted by squealpiggy View Post
For example they don't have absolutely mental laws on the books sanctioning murder if you manage to contrive a situation that you could spin has "self defense".
If he hadn't filmed the incident, he certainly would have been in a position to spin this situation in his favor and in essence, get away with murder.
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