Since Texas expanded its “Castle Doctrine” in 2007, justifiable killings in Texas have increased 50% from 32 in 2006 to 48 in 2010, according to an article today in the Houston Chronicle (see below). This article, however, does not cite killings where the Castle Doctrine (also known as the “Stand Your Ground” doctrine in some states) was unsuccessfully relied on by the shooter as justification. It sometimes can be a fine line between legally and illegally using deadly force in situations of arguable self defense. And, in these fine line cases, the decision as to legality often comes down to the vote of the grand jury or the vote of the jury at trial.
In a recent jury trial in Houston, Raul Rodriguez was found guilty of murder and sentenced to 40 years in prison. In that case, a juror member later said in an interview with the Houston Chronicle that the initial voting during deliberations was 8-4 for guilt. Such a difference in initial voting demonstrates how difficult this law can be to apply in real life situations. Unlike most murder trials, the case of Rodriguez featured a homemade video that he made as he was purportedly recording evidence of the neighbor’s late night party that may have constituted a public disturbance. Rodriguez had a concealed handgun license and carried a pistol on his person when he went to document the loud party. A later confrontation between him and party goers led to a deadly shooting.
The choice to arm oneself with a firearm carries with it great responsibility and should not be taken lightly. The use of deadly force should always be the last option. In almost every case, a defense attorney is involved, whether it be in counseling the police officer or the public citizen who did the shooting.
If you or someone you know is being investigated for or charged with an unlawful use of deadly force, whether it be an aggravated assault, negligent homicide or murder, you can call James G. Sullivan and Associates at 281-546-6428 for a free initial consultation.
