Jun 27, 2012 No Comments ›› iResist
Excerpted from YAHOO NEWS: A Texas man convicted of shooting and killing his unarmed neighbor during a dispute over loud music received a 40-year prison sentence on Wednesday.
Raul Rodriguez, 47, faced a minimum of five years and a maximum of life in prison. He claimed he shot schoolteacher Kelly Danaher in self-defense under Texas’ version of the “stand your ground” law.
But prosecutors argued Rodriguez provoked the incident by confronting Danaher, 36, and his friends with a handgun and demanding they quiet down at a late-night birthday party in May 2010.
The Houston case captured more attention in the wake of Trayvon Martin’s death in Florida. There, George Zimmerman says he was being attacked and cited the state’s “stand your ground” law after shooting the unarmed teen. But prosecutors charged him with second-degree murder.
Two dozen states reportedly now allow citizens to stand their ground even outside their home. The specifics vary by state, but generally justify a person not retreating and using deadly force when a threat is perceived.
As in Florida, Texas law includes public areas, “if a person has a right to be present at a location where force is used.”
But veteran attorney Andy Drumheller told Yahoo News that the Houston jury appeared to draw a line with Rodriguez leaving his home and going down the street.