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Old June 8, 2012, 08:57 AM   #20
Double Naught Spy
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Join Date: January 8, 2001
Location: Forestburg, Montague County, Texas
Posts: 10,390
Quote:
I think he maybe in trouble, since he went to another man's house armed and this could be construed as he is the instigator. He went to the trouble, the trouble did not come to him.
That he went onto another's property with a gun and that he is the instigator doesn't mean he didn't have the right to self defense. Nothing in Texas law that says you can't go to the trouble. Such events don't look good but don't negate his rights. For example, he could have gone down the street and yelled at the party goers and then ended up shooting and killing one or more of them when they followed and attacked him on his way back home. He would still be the instigator, but well within his self defense rights to defend himself. That isn't what happened, of course, but is a way that he could have been the instigator and still in a position to legally defend himself.

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The whole thing could have been avoided had he waited for the police.
As Glenn noted, the police were already there and apparently watched a lot of the exchange stating both parties spoke of guns and strange the cop didn't do anything. I wonder if that was actually the police or not. Rodriguez says the police are there, so maybe it actually was, but if the police were there, then Rodriguez definitely should not have been dealing with the party goers. You are right that the whole thing could have been avoided.

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Loud music is not a threat to anyone's life. Also the party goers were drunk and you never argue with a drunk person.

Just my opinion, maybe I am wrong. But one dead and two wounded over loud music and noise ? I wouldn't consider loud music and noise as a threat of personal injury.
This is a typical misrepresentation that shows up commonly. It is akin to folks who carry but who say that they are not willing to shoot or kill another over the contents of their wallets. So when they are held at gun or knife point by a mugger, they apparently won't defend themselves against a threat to their lives since the mugger just wants a wallet. Here, they fail to realize that the wallet is no longer the salient issue. Their lives are being threatened. In the Rodriguez case, the guy shot because he was being attacked. He didn't shoot anybody because the music was too loud. The music, like the wallet, was only the reason drawing the parties together.

If Glenn's comprehension of the situation is correct that he was on the other guy's land when he was attacked after brandishing, then the attack may be considered self defense by the party-goers to handle a threat. They have the right to self defense as well.

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He should have waited at his own house for the police and let them handle it..
He had made a lot of calls and the police had not arrived. So going over to the party to complain would not have been out of line. However, once he may have thought there would be trouble and after he was told to leave (which was when he appeared to be on the other guy's property, he should have left. If he was on the other guy's property and the other guy told him to leave (and I can't tell this from the vids), then his refusal to leave would be trespassing.

I don't see anything in the video to indicate that he was actually in fear for his life, especially since he said he was, brandished his gun, but did nothing else to get him to safety. His actions do not appear to be of a person who is in fear for his life. I am not certain from the video that his brandishing was legal.

The 'expert' in the first video, Jim Pruett, says that Texas CHL holder are taught to do is to announce that you have a gun, are in fear for your life and that you will use if. That is a crock. He may teach that but announcing you have a gun isn't an aspect covered by other CHL instructors that I know of. I have never heard it in my CHL classes and the two guys that I shoot with who are CHL instructors don't teach to announce that you have a gun.
http://www.kvue.com/news/state/157807135.html
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