Interesting Read...

[Cshuff21]

http://www.nbcdfw.com/news/local/Austin ... 15621.html

[Cshuff21]

Thoughts? Why was he convicted if he thought he was about to be robbed?

[MotherBear]

This happened not far from where I've lived. Here's another article, with a sidebar for some other related articles if anyone wants some back story: http://www.kvue.com/news/local/Sentenci ... 80331.html" onclick="window.open(this.href);return false;

I've been watching it, although not extremely closely. What I remember is that the guy who got shot was driving drunk, crashed his car, and supposedly went to Yazdi's house looking for help. I seem to recall mention that Yazdi thought he was trying to burglarize the house or the car or something. It appeared that the guy was shot while running or walking away. Yazdi claims the guy turned and could have had a gun (he didn't, but could have). It's a pretty good neighborhood, as far as I'm aware. Nice houses, nice yards, a golf course somewhere in the subdivision. I'm sure stuff happens, but it's not the ghetto. Sounds like Yazdi wasn't a real friendly guy; neighbors said he's threatened people, pulled a gun on a neighbor, cussed people out, etc.

I'll leave detailed analyses to those with more knowledge and experience than I have, but as far as I know he wasn't actually robbed, his property wasn't harmed, and the guy seems to have been leaving when he was shot. I don't remember ever hearing that Recio entered the house, although maybe he was aggressively trying to enter or get attention -- who knows, his blood-alcohol level was twice the legal limit. I've been wondering how this one would come out.

Edit: corrected a name.

[MotherBear]

Ok, here we go:

According to Austin Police Detective Rogelio Sanchez, Yazdi's wife told officers she heard voices outside her home around 3 a.m., saw a man under her vehicle, and woke up her husband. She then went upstairs with her children and called 911.

She told officers she never heard gunshots. However, Yazdi admitted to police that he shot Recio. He described going outside the home and finding the man. He said he told Recio not to flee, and if he did, he would shoot. Yazdi said Recio started to run away, so he fired.

http://www.kvue.com/home/Funeral-servic ... 87974.html" onclick="window.open(this.href);return false;

I was remembering wrong; it wasn't that he was trying to get into the house, but that he was under the car that stuck out to me as really weird. But again, nothing taken and supposedly no threat -- although more recent articles mention Recio turning while running away and causing Yazdi to fear he might have had a gun.

[gthaustex]

Recio was DWI and collided with a light-pole. Shortly thereafter, a local LE dispatcher happened on the incident and called authorities. Recio ran from the scene, not wanting to get a DWI apparently (or so the witness postulated). It makes sense that he (Recio) might have tried to get behind or under a car to hide if he thought police were only a short time away....

That said, Yazdi came out of his house armed to confront Recio and when Recio ran away, he was shot 3 times. I have a hard time going with the fear for my life / self defense claim when Yazdi came outside.

[MotherBear]

Makes sense. I don't remembering hearing that he knew there were cops on the way, but I suppose that would be a good enough reason for a drunk guy to hide under a car.

I also have a hard time buying the self-defense line when Yazdi came outside. It doesn't help that he has the reputation he does. On the other hand, I also don't have a whole lot of sympathy for a drunk driver who got shot trying to hide from the police to avoid a ticket. Not saying he deserved to be shot, but it's only a matter of luck that he didn't kill someone that night too.

[Cshuff21]

Correct me if i am wrong but if a homeowner feels threatened on his own property whether CHL or not he doesn't have to ask questions first. True? I'm not saying in this case in particular but. If I am wrong please let me know but that's how I figure it

[Jumping Frog]

Correct me if i am wrong but if a homeowner feels threatened on his own property whether CHL or not he doesn't have to ask questions first. True? I'm not saying in this case in particular but. If I am wrong please let me know but that's how I figure it

He has to be able to articulate why he was in fear of death or serious bodily injury unless he meets one of the exceptions where he is "presumed reasonable", like robbery, kidnapping, etc. Classicly, one would articulate means, motive, and opportunity when describing this fear so that a "reasonable person" would agree. The "reasonable people" on this particular jury obviously did not buy his story.

[J.R.@A&M]

Thoughts? Why was he convicted if he thought he was about to be robbed?

Why did he still think he was going to be robbed when Recio was running away?

[Cshuff21]

Thoughts? Why was he convicted if he thought he was about to be robbed?

Why did he still think he was going to be robbed when Recio was running away?

You never know....it said he was beating on the door at night and the homeowner wouldn't know for sure. I'm not saying shoot first before you acess the situation but if someone comes beating on my door at night when i am not expecting it, i would be on full alert.

[J.R.@A&M]

Thoughts? Why was he convicted if he thought he was about to be robbed?

Why did he still think he was going to be robbed when Recio was running away?

You never know....it said he was beating on the door at night and the homeowner wouldn't know for sure. I'm not saying shoot first before you acess the situation but if someone comes beating on my door at night when i am not expecting it, i would be on full alert.

I'm 100% with you there. From that point on, I would take the James Longstreet defensive strategy of a) staying inside, and b) forcing them to storm the high ground.

[Laneman]

I think a key part of the case is that the perp was trying to abandon the encounter at the moment he was shot. He was running away and was shot once while climbing a fence, then two more shots while lying on the ground. When I read the use of deadly force statutes I can see why he was put on trial and convicted.