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Stand Your Ground Tested in TX

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beenthere Posted - 6/14/2012 10:38:59 AM | show profile | flag this post


A man complained about loud noise from a neighbor's party. He leaves his house and walks over to the party with a video camera and a loaded gun, while talking to a 911 dispatcher. His voice is on the video talking with other party-goers, he claims he is scared for his life, and then shoots and kills his neighbor.

Guilty or Not Guilty of murder?

http://gma.yahoo.com/texas-man-found-guilty-killing-neighbor-dispute-053934284--abc-news-topstories.html



etaoin shrdlu Posted - 6/14/2012 11:35:50 AM | show profile | flag this post

Definitely murder...

he put himself in a situation and killed a neighbor. Not only that, he was trespassing at the time.



blackedtaped Posted - 6/15/2012 11:34:31 AM | show profile | flag this post

What I cannot understand

Is why on earth we keep wasting all this money with a legal justice system? Imagine how much tax money can be saved if we do away with judges, DA's, court houses, etc. not to mention how much we can save if we shut down law schools. After all, we can just ask etaoin what the verdict is and what penalty they should face. What a huge savings of time and money!



beenthere Posted - 6/15/2012 11:39:11 AM | show profile | flag this post



Or we can just give everyone guns and try to let them hide behind Stand Your Ground laws instead of letting the police and court system do their part.

Did you even read the article?

Because that is EXACTLY what this guy did. He killed his neighbor. Thankfully, the verdict acknowledged that.


orthicon Posted - 6/15/2012 12:02:16 PM | show profile | flag this post

beenthere.. you're overlooking one factor..

giving everyone guns is pretty much how they do it in texas, anyway..

beenthere Posted - 6/15/2012 12:27:08 PM | show profile | flag this post


Here's an analysis of how the law has "worked" in FL.

http://www.tampabay.com/opinion/editorials/article1234388.ece

EXCERPT:

The Times' analysis found that the predictions that "stand your ground" would excuse Wild West-type behavior were right. The law has been regularly used in morally ambiguous circumstances that mock what lawmakers intended. It has been used at least six times in drug deals gone bad, 23 times in cases involving fights at bars or parties, 12 times in neighborhood disputes and 30 times in arguments that turned violent. As the law's critics feared, "stand your ground" gives legal cover to hotheads who would escalate a tense situation and to people who carry weapons. In 157 killings where the "stand your ground" defense was invoked, the accused had a gun or knife. In 135 cases, the VICTIM WHO DIED was UNARMED. [my caps]






cruiser Posted - 6/15/2012 1:41:31 PM | show profile | flag this post

Just my observation

Even people who are unarmed can escalate confrontations and make aggressive moves that can be seen as threatening.

And as familiar as I am with people who carry concealed firearms, I'd be VERY surprised if many of them brandish them until the situation becomes threatening. Those who are approved for concealed carry tend to be the calmest, most stable people on Earth. That is part of the unwritten, unofficial psychological profile that most jurisdictions consider before approving a concealed carry permit.

etaoin shrdlu Posted - 6/15/2012 1:41:42 PM | show profile | flag this post

Blacked...

you don't need a legal background to figure out that going over to someones house and shooting them on their own property is murder.

In this case, all you needed was a rudimentary understanding of the English language and fourth grade reading skills.

If you'd read the article and seen that he was, in fact, found guilty of murder, you too would be well informed on this case of a trigger-happy, neighborhood bully trying to use the stand-your-ground law to cover up his murder of an elementary school teacher.

If we can't be safe from gunmen in our own home -- the system has failed.

beenthere Posted - 6/15/2012 2:44:50 PM | show profile | flag this post


If you have enough time to reach in to wherever you've hidden your concealed weapon, take the gun out, take the safety off, aim and shoot, I'd guess you just might have some time to get away from the situation without killing anyone.

There are also cases where people are killed simply because they knocked on the door. Another instance had a young man hiding on his neighbor's porch, neighbor came home and killed him. Shoot first, questions later.

It is interesting that most of the SYG cases INVOLVE people who are already carrying weapons. Why is that? Hmmm . . .





Grateful Deadline Posted - 6/15/2012 2:56:08 PM | show profile | flag this post

Loud music -- yeah, that'll make you scared for your life, all right.

Grateful Deadline Posted - 6/15/2012 2:57:48 PM | show profile | flag this post

Also shooting a fire captain after the recorder quit running probably didn't help.

orthicon Posted - 6/15/2012 3:28:25 PM | show profile | flag this post

some music played too loud..

could be justifiable homicide..

imagine the" macarena", or "who let the dogs out", at +90 db..

that could make the pope lock and load..

SPC Posted - 6/27/2012 7:43:14 PM | show profile | flag this post

Dude got 40 years.



etaoin shrdlu Posted - 6/28/2012 10:30:09 AM | show profile | flag this post

Loved what the victim's mother had to say to him...

in court:

"Every single day that you are incarcerated, I pray that you come to know the true meaning of, 'I fear for my life.'"

The Houston Chronicle has a great account of how the shooter tried to use the Stand Your Ground Law to set up his victims.

http://www.chron.com/news/houston-texas/article/Jury-hands-down-40-years-in-slaying-of-neighbor-3666967.php

orthicon Posted - 6/28/2012 11:47:50 AM | show profile | flag this post

he got what he deserved..not much to argue about there..

what effect it will have on the overall concept of "stand your ground" is hard to say..

but probably very little..

what he did was so far outside the scope of any "stand your ground" law that it really shouldn't have even been considered as one..

etaoin shrdlu Posted - 6/28/2012 12:57:27 PM | show profile | flag this post

This case demonstrates...

a huge problem with the Stand Your Ground Laws out there.

Poorly informed citizens believe shouting "I'm in fear for my life" suddenly makes it OK for them to shoot someone.

They see it as an excuse for taking the law into their own hands in cases where it is simply not allowed.


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