No reason to repeal ‘stand your ground’
Published 8:44 pm Saturday, February 21, 2015
State Rep. Garnet Coleman, D-Houston, fails to make a compelling case for repealing the state’s “stand your ground” law. He cites no Texas examples of misuse of the law, also called the “Castle Doctrine,” and he injects race into the issue, with no supporting evidence.
The law isn’t broke. It doesn’t need to be fixed.
“Every day millions of Texans are unreasonably perceived as a threat simply because of the color of their skin, so this law poses a special threat to people of color,” Coleman said in a statement last week. “Today the majority of Texans are people of color, faced constantly with the prospect of encountering someone who finds their very existence threatening. I can’t bear to see another Trayvon Martin, another Renisha McBride, or another Jordan Davis, but unfortunately as long as these laws are on the books it will continue to happen here. This is a license to use deadly force based on fear and it is crucial to the safety of all Texans that ‘stand your ground’ is repealed immediately.”
Let’s break down that statement.
First, Trayvon Martin, Renisha McBride and Jordan Davis were not killed in Texas. The Texas law has no bearing on these cases.
Trayvon Martin was killed by George Zimmerman in Florida in 2012. It wasn’t a “stand your ground” case at all — Zimmerman’s lawyers never once cited Florida’s statute. Zimmerman was acquitted on the grounds of self-defense.
“Stand your ground” laws were also not an issue in the case of Renisha McBride, a 19-year-old Detroit-area woman who was shot and killed when she knocked on a man’s door in 2013. Theodore Wafer was in fact convicted of second-degree murder for the shooting, and sentenced to 17 to 32 years in prison. Michigan’s “stand your ground” law was never invoked.
Similarly, David Dunn was convicted of first-degree murder for killing 17-year-old Jordan Davis in Florida in 2012. He was sentenced to life without parole.
None of these three cases is an example of a “stand your ground” situation gone bad. None of these cases has anything to do with the Texas statute. And none of these cases is a reason why legislators should change the law.
Coleman says his bill “reaffirms the right to defend yourself in your home… But it would change the law back to where if you are somewhere else, and you can avoid the circumstances … [you] cannot use deadly force towards someone they perceive to be dangerous.”
In other words, Texans would have a duty to retreat if they’re able.
There’s clear evidence the Texas law is working as it should.
In 2010, Raul Rodriguez tried to invoke the law after he shot a neighbor; a jury didn’t buy it, and he was sentenced to 40 years in prison.
It’s a shame that Rep. Coleman injects race into the debate, without any evidence to back up his claim that the “stand your ground” law “puts a target” on the backs of “young men of color.”
The law simply doesn’t do that. And it need not be changed.