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.
Rodriguez, who had been calling police about the loud party, dialed 911 again as both sides shouted at each other near Danaher's dark driveway.
"Tell you what, pal, you just pulled a gun on the wrong [expletive], OK?" one of the partygoers is heard telling Rodriguez on the home video.
Seconds later the partygoer warns, "When I go in that house and I come back, don't think I won't be equal to you, baby."
Rodriguez, who told police he suspected the men were drunk, tells the 911 operator that he's scared and will defend himself, if needed.
"I don't want to do this, and it all started over them playing their music real loud … it's about to get out of hand, Sir. Please help me. "
Seconds later, he says, "I'm standing my ground here, now these people are going to try and kill me."
The video is dark when Danaher and two other men apparently lunged toward him, laughing loudly. Rodriguez fired his gun, killing Danaher and injuring two others.
In lobbying jurors for a lenient sentence, defense attorney Bill Stradley blamed the tragedy on his client's misunderstanding of the state's "stand your ground" law. Something he predicts will happen with other Texas gun owners in the future.
"And they will find themselves, like Raul Rodriguez, charged with murder," said Stradley, according to the Houston Chronicle.
"Raul believed he had a right to be where he was. But he had two seconds to make that call, to pull that trigger."
Dumb asses are the reason Stand Your Grounds laws will likely do more harm than good. Idiots think they can confront people with a gun and say they were standing their ground if/when they shoot.