Stand Your Ground Retrial – Another Conviction

Mindyme62 posted about in open discussion in December 2014 about a stand your ground case. That’s more than a year ago, so I wanted to follow-up.   In November 2015, we got a verdict, for the second time.

Raul Rodriguez

Raul Rodriguez

In 2010, Raul Rodriguez went to his neighbor’s house, taking his video recorder, cellphone, and gun with him. The neighbor was having a birthday party.  Rodriguez thought that the music was too loud.  Kelly Danaher, then 36-years old and a teacher, Kelly’s dad and other men argued with Rodriguez over the volume of the music.  Rodriguez was filming when he said “I am in fear for my life” and shot, fatally wounding Kelly.

In 2012, Raul Rodriguez, 49, of Harris County, Texas, was convicted of murder and sentenced to 40 years in prison. Rodriguez appealed and Houston’s First Court of Appeals said the jury’s instructions on the law on self-defense was so confusing that Rodriguez did not get a fair trial.

In 2015, Rodriguez went back to trial. On November 20, 2015, jurors deliberated about 3 hours before siding with prosecutors that Rodriguez provoked the situation.

“This case is about provocation, pure and simple. The law doesn’t allow you to create a situation and then claim self-defense.” Prosecutor Kelli Johnson stated in closing arguments.

Kelly Danaher

Kelly Danaher

At his sentence hearing, Ashley Caspar, Kelly Danaher’s sister, condensed 5 years of pain into a 4 minute, 37-second victim impact statement. She addressed Rodriguez saying, “You are small, you are pathetic. You are a coward. You are the kind of person that makes the world a darker place to live in.”

This time, Raul Rodriguez was sentenced to life in prison. He will be 80 years old when he is eligible for parole.

The video below includes Rodriguez’s recording of the confrontation.

 

Posted on 02/29/2016, in Cases, Conceal Carry & SYG, Trial Videos and tagged , , , , , . Bookmark the permalink. 14 Comments.

  1. ‘the stand your ground law is never on the side of the person who starts the fight’ Something the Zimmerslime jury never knew. Wow, I’m so glad justice was found for the family of Kelly Danaher. I’d like to mention it’s never a good idea to confront a person with a gun especially in a state that has Stand your ground or the Castle Doctrine

    . I would also venture to say had Kelly been a man of color, the verdict would not have been the same. 😦

    Thank you for posting this and letting us know.

    Liked by 4 people

    • Agreed. The jury could have seen Kelly in a different light had he been another race. I think we saw that in Dunn’s first trial, and we definitely saw it in Zimmerman’s trial. Juries do profile. A Black teen playing loud music and shooting f-bombs is a threat. A Black teen walking home on a rainy night wearing a hoodie is a threat.

      The good thing about this case is that it went on appeal, and the retrial resulted in conviction. That makes it a case of binding decision so that prosecutors can use it in the future, if necessary, to support their position in other cases.

      Thanks Mindyme,for bringing it to our attention.

      Liked by 5 people

      • I hope Rodriquez spends a lot of his time in prison thinking about what he did.

        Liked by 1 person

      • That’s interesting about the ‘binding decision’.
        I’m ready to see that ‘decision’ in other cases because its time for some common sense.
        Trayvon’s murderer trail should’ve gotten a some of that first.

        Liked by 1 person

  2. yahtzeebutterfly

    It seems as if Rodriguez planned ahead to set up a SYG excuse. He forgot to consider that he was the aggressor and that Kelly and his family members were unarmed. (One of them even mentioned that only if he went inside to get a gun would things be on equal terms.)

    My thoughts and prayers are with Kelly’s family. (Sad to think of all of the students Kelly could have helped through his teaching if his life had not be torn from him.)

    Liked by 4 people

    • Agreed. Rodriguez is a bully who wanted what he wanted, and he was determined to make it happen without law enforcement making the decision. Had he been a good neighbor, maybe he would have been invited to the party.

      Liked by 4 people

  3. “Agreed. Rodriguez is a bully…”
    I DISAGREE! Rodriguez WAS a bully. He is now a convicted felon who will be at the mercy of “the booty bandit.” Ok, I digress. I just couldn’t resist that one.

    Liked by 2 people

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