In Houston, Texas, retired firefighter Raul Rodriguez claims that he was justified in killing P.E. teacher Kelly Danaher over a noise complaint because he was “standing my ground.”
Rodriguez is hoping that a video that he taped himself will prove that he was acting in self-defense when he gunned down Danaher outside the victim’s home near in May 2010, reports KTRK-TV (video below).
On the video, that was presented as evidence in court last week, loud music can be heard as Rodriguez tells Danaher to “turn it down.”
Rodriguez says on the video: “You need to stop right there. Don’t come any closer please. I’m telling you, I’m telling you, stop, I said stop right now or I will shoot you! … I fear for my life. I told you to stop, my life’s in danger, you got weapons on you, stay away from me.”
While standing in Danaher’s driveway with a flashlight and a gun, Rodriguez is also on the phone with a 911 dispatcher using the buzzwords he learned in concealed weapons class, according to the prosecutor.
At one point, one the men Rodriguez confronted suggests that he will get his own gun: “When I go in that house and come back, don’t think I won’t be equal to you, baby.”
Rodriguez tells the dispatcher: “I’m talking to you, and I mean, I’m scared to death here. It’s about to get out of hand, sir. Please help me, now. I’m standing my ground here.”
Moments later, the video ends after a crack of gunfire. Danaher was killed, while two other men were wounded.
One of the wounded men, Ricky Johnson, testified on Friday that Rodriguez "started the process by coming with a gun."
Texas has a 'Castle Doctrine,' which is similar to Florida’s 'Stand Your Ground' law because it says that gun owners do not have a “duty to retreat."