Originally Posted by rearnakedchoke
yes .. i honestly didn't know the republicans in fla made this case happen .. i thought it was pressure from everywhere ... but i don't get how you are equating the republicans with the defense ..
as for the other case, it is very similar imo ... raul rodriguez called the police for a disturbance and wanted the police to break up the party ... he brought a gun and when he felt threatened he brandished hit, stood his ground and the others backed off ... one of the others did something to him, grabbed him or whatever (its on tape) and he shot him .. the others rushed in and got shot as well ... he was standing his ground in his opinion, and he is in jail for 40 years
Rodriguez's defense was similar to that used by George Zimmerman, a neighborhood watch volunteer who is citing Florida's stand-your-ground law in his defense in the fatal February shooting of unarmed teenager Trayvon Martin. Rodriguez's case, however, was decided under a different kind of self-defense doctrine.
Texas' version of a stand-your-ground law is known as the Castle Doctrine. It was revised in 2007 to expand the right to use deadly force. The new version allows people to defend themselves in their homes, workplaces or vehicles. The law also says that a person using force cannot provoke the attacker or be involved in criminal activity at the time[/B].
RNC, these two cases are not the same. If you watch the video that Rodriguez made, to make sure he had "proof" that he was in the right to stand his ground, it is clear he was provoking the situation which the law in Texas states you cannot do. He keeps telling the 911 operator, "I'm going to have to defend myself, I'm going to have to defend myself..." He even brings up he's standing his ground. All conveniently video-taped by him while he's talking on the phone with the 911 operator so that he has that
conversation as recorded proof also. He obviously thought out using the stand your ground defense before he ever went over there which is only cemented by his videotape of the whole thing. He thought he would be exonerated by his video but it only proved his intent and guilt.
I think if we had video of the incident between George Zimmerman and Trayvon Martin we would see things play out as George Zimmerman said they happened. Also, it said in the article you linked (I posted/bolded above) that Zimmerman was using the stand your ground law in his defense, from what I understand, that is not correct, his defense lawyer Mr. O'Mara said they did not rely on that provision in the courtroom because Mr. Zimmerman had no option to retreat. However, I did read where it was included in the jury instructions; it's kind of confusing! lol From what I understand if Zimmerman had
claimed stand your ground, he would not now be able to be sued civilly by Trayvon's family, but since he didn't, if they so choose they can sue him for wrongful death.
Rodriguez had the opportunity to avoid continuing/escalating the confrontation by walking away/retreating before using force. His neighbor told him to leave, but he refused. I believe Trayvon Martin decided he was going to confront George Zimmerman, and then he hit him in the nose to quickly gain advantage, and when Zimmerman went down, he got on top of him. Zimmerman couldn't retreat.