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Old June 29, 2012, 09:44 PM   #11
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 6,403
Quote:
Originally Posted by Double Naught Spy
I see this differently and am of much more of the opinion that the problem was that he wasn't actually in fear for his life. You may be right, of course. It would be interesting to hear what the jurors felt about the case and find out the basis for their decision as there were multiple factors at work.

He didn't use SYG law to create a conflict, but instead created conflict and then chose to stand ground after brandishing and continuing to provoke the neighbor and guests.

SYG laws are not a license to create conflict, but at the same time do not create loss of any other rights either.
I think we are really in agreement, for the most part. I have commented in earlier posts that Rodriguez's behavior was not that of a man in fear for his life. And that's what I meant about 20 minutes rather than two seconds. The whole time he was standing in front of the neighbors' house, swapping insults with a bunch of drunks, he could easily have just left. He had already called the police -- why not let them handle it? And once matters deteriorated to the point where he started talking about "I'm in fear for my life here," he could have left. Yes, he was apparently on a public street and had a right to be there -- but it was HE who had initiated the argument with the other people. Stand your ground is not (IMHO) intended to allow idiots to create conflict situations and then claim they had to use a gun to extricate themselves.

IMHO this was no different from the application of self defense laws to consensual combat. The laws of some states discuss that directly, in other states I suppose it's gotten to only through case law and precedent. The underlying concept is that if two people agree to step outside and settle a beef, if one of the parties ends up getting has posterior whupped he canNOT then claim self-defense and use deadly force in an attempt to avoid the whupping he asked for when he agreed to fight.

In the Rodriguez case, he didn't draw his weapon in response to an attack. HE took a gun to a verbal dispute, HE brandished a gun, and HE started talking about how he was going to defend himself LONG BEFORE anyone actually assaulted him (if anyone did).
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