from Rep. Garnet Coleman on 'Shoot First, Ask Later' Law in Texas

[Bucky]

FOR IMMEDIATE RELEASE | Contact: Juliana Kerker
July 2, 2012 | [phone]

Statement from Rep. Coleman on Rise in Number of Homicides in Texas, Resulting from 'Shoot First, Ask Later' Legislation

HOUSTON –Rep. Garnet F. Coleman, (D-Houston) released the following statement regarding FBI data on avoidable homicides that indicates the need for and why he will file a bill to repeal or modify the Texas 'Shoot First, Ask Later' law:

"It is alarming that the number of so-called "justifiable" homicides in Texas and in the Houston area is on the rise, but not surprising. This is precisely the reason why I voted against expanding Texas' already extensive self-defense laws in 2007. What was passed then does not protect lives; it causes unnecessary deaths by using an ambiguous law to affirm a person's violent actions. Just because killing a person can be justified as legal, that doesn't make it right or just. An individual should not be allowed to be judge, jury, and executioner all in one---this goes beyond what justice is in America. That is why the law needs to be changed, and I will file legislation to repeal or substantially modify what was passed in 2007---returning Texas law to a balanced approach to self-defense that values human life."

Rep. Coleman is available for comment.

[sonias]

1. Not to mention how these laws are minsunderstood

Yahoo News 6/27/12


Texas ‘stand your ground’ shooter headed to prison

As in Florida, Texas law includes public areas, "if a person has a right to be present at a location where force is used."

But veteran attorney Andy Drumheller told Yahoo News that the Houston jury appeared to draw a line with Rodriguez leaving his home and going down the street.

"The law is not designed to create this bubble that you can carry with you everywhere you go," said Drumheller, a former prosecutor now practicing criminal defense in Houston. "The jury's verdict is a cautionary statement on the limits of this defense."

(snip)


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."

Rodriguez was adamant throughout his trail that he was right in "self defense and standing his ground".

[sonias]

2. Law backs shooting first, questions later

San Antonio Express 4/26/12
Law backs shooting first, questions later

(snip)
To determine why this was, I called the sponsor of the 2007 legislation. But it took three conversations with state Sen. Jeff Wentworth, R-San Antonio, before he acknowledged “that detail” — that the bill removed the duty to retreat from attacks even outside the home. It's clear, though, that Wentworth was aware of this when the legislation passed.

(snip)
When even the bill's sponsor remembers the legislation initially as about hearth, home and vehicle, that tells me that's also how it was widely perceived in the general public. Wentworth, in fact, told me I was mistaken when I first told him that it went beyond those places.

Talking that third time, after his own research and after talking with his “general counsel,” he said, “I don't recall that detail but do recall that we wanted to remove that duty to retreat.” This week, after I talked to him, Wentworth issued a press release explaining the law in its entirety.

Today, we should all recall that duty-to-retreat detail and, in light of the Florida tragedy, mull whether this law should be revisited.

Even bill's author Wentworth doesn't understand what the hell his bill did.